Daniel Fisher News
'Whistleblower' wins and loses lawsuit against Novartis
TRENTON, N.J. (Legal Newsline) - An executive who claimed she was fired because she objected to an illegal kickback scheme was entitled to $1.8 million under a federal whistleblower law but her employer was also entitled to collect hundreds of thousands of dollars from her in unjustly awarded bonuses, a New Jersey appeals court ruled.
Child-porn convict wins reversal of $11.5 million damages verdict
FRANKFORT, Ky. (Legal Newsline) - A man who was convicted of producing child pornography succeeded in reversing a judge’s $11.5 million damages verdict against him after a Kentucky appeals court ruled he wasn’t properly represented by a lawyer.
House Republicans say CFPB 'colluding' with state AGs to intimidate companies
WASHINGTON (Legal Newsline) - Republicans on an influential House committee have called on the director of the Consumer Financial Protection Bureau to explain a recent interpretation of federal law they say encourages state attorneys general to pile on federal enforcement actions and intimidate companies into settling.
D.C. disbars Chevron-foe Donziger over witness tampering
WASHINGTON (Legal Newsline) - The District of Columbia Bar stripped Steven Donziger of his license to practice law, joining New York in determining the onetime environmental activist had fraudulently engineered a $9.5 billion judgment against Chevron Corp. in Ecuador.
With earplug MDL 'broken beyond repair,' 3M tries bankruptcy court
INDIANAPOLIS (Legal Newsline) - Besieged by litigation that has already cost it multiples of the $31 million in revenue it earned selling protective earplugs to the U.S. military, 3M placed its Aearo unit in Chapter 11 bankruptcy to try to halt a legal process it described as a “a perfect storm no reasonable settlement could solve.”
Woman's appeal of loss in allegedly botched childbirth case fails
JACKSON, Miss. (Legal Newsline) - The plaintiff who lost a medical malpractice lawsuit also lost her challenge to the verdict over complaints the judge refused to dismiss two jurors who had been treated by the defendant or another doctor in her practice.
'Ethical violations' keep lawyer from taking $50K from child's settlement
PHOENIX (Legal Newsline) - A lawyer who admitted to ethical violations during his representation of multiple parties in litigation over the police shooting of a young man isn’t entitled to an additional $50,000 share of a child’s settlement, an Arizona court ruled.
Avenatti can't revive lawsuit against Fox News by adding another defendant
PHILADELPHIA (Legal Newsline) - Disgraced celebrity lawyer Michael Avenatti lost a bid to revive his lawsuit against Fox News over its allegedly defamatory coverage of his arrest after a federal appeals court said it was properly dismissed because of his attempt to maneuver around federal jurisdiction by adding an unnecessary defendant to the case.
Connecticut town can add homeowner to lawsuit over backyard pool drowning
HARTFORD, Conn. (Legal Newsline) - A Connecticut town can drag a property owner and others into a lawsuit over a child’s drowning in a backyard pool, rejecting the plaintiff’s attempt to blame the entire event on the town’s failure to enforce municipal safety codes.
Tile salesman's asbestos case fails on lack of evidence
NEW YORK (Legal Newsline) - A lawsuit over a man who blamed his fatal lung cancer on vinyl floor tile failed to prove he could have inhaled enough of the dangerous fibers to cause his disease, a New York appeals court ruled, continuing a line of victories for defendants in cases in which plaintiff experts fail to specify a lethal exposure to asbestos.
Woman slipped, fell, snapped a picture and now can sue Red Lobster
LANSING, Mich. (Legal Newsline) - A woman who slipped and fell in a Red Lobster on what she described as a “greasy, oily” patch on the floor can sue the chain for negligence, a Michigan court ruled, despite the fact an employee said she immediately responded to the report of a spill.
Woman raped in barn can't sue after collecting Workers' Comp
FRANKFORT, Ky. (Legal Newsline) - A woman who was raped by a young man at a home for troubled youth can’t sue the organization because she already collected money through the workers’ compensation system, a Kentucky appeals court ruled.
Lawsuit over snarky remark on death certificate of 15-year-old girl can proceed
GEORGIA (Legal Newsline) - A man who checked into a hospital and considered suicide after reading a callous remark on his daughter’s death certificate can sue the records company for intentional infliction of emotional distress, a Georgia appeals court ruled, in a decision that sharply divided the judges on whether the case presented a valid claim.
Lack of evidence dooms once-$325 million verdict in NYCAL talc/asbestos case
NEW YORK (Legal Newsline) - A New York appeals court reversed a $325 million jury verdict against Johnson & Johnson, ruling that even if plaintiff Donna Olson used talcum powder containing asbestos – a claim J&J denies – her expert witnesses failed to prove she was exposed to enough fibers to cause mesothelioma.
Sotheby's might be liable for $4 million in missing diamonds
LOS ANGELES (Legal Newsline) - Sotheby’s Inc. might be liable for handing $4 million in diamonds to a man who promptly disappeared, a California appeals court ruled, reversing a trial judge’s decision dismissing the case.
Claim in wrongful death lawsuits rejected by Maryland court
ANNAPOLIS, Md. (Legal Newsline) - A Maryland appeals court upheld the state’s ban on “loss of chance” lawsuits, where plaintiffs argue a doctor’s negligence caused someone to die sooner than they otherwise would have, rejecting a man’s claim an oncologist failed to catch a metastatic lesion in his wife’s shoulder blade.
Protestors who invaded horse racing track will face trespass lawsuit; Free speech concerns rejected
SAN FRANCISCO (Legal Newsline) - An animal-rights group can be sued over the actions of protestors who invaded a horse track, lit off incendiary devices and blocked a race by lying on the track, a California appeals court ruled, rejecting arguments by the Sierra Club and others that the protestors engaged in constitutionally protected speech.
Mom suing over death of son isn't a 'party' to the case, Oregon Supreme Court says
SALEM, Ore. (legal Newsline) - A mother seeking $800,000 in emotional damages over the death of her five-month-old son isn’t a “party” to the lawsuit and isn't required to turn over her own medical and psychological records, the Oregon Supreme Court ruled in a decision that was supported by the state trial lawyer association.
Delaware's PCB lawsuit dismissed; No 'public nuisance' for legal products
A judge dismissed Delaware Attorney General Kathy Jennings’ lawsuit against Monsanto and two other companies over PCB pollution, reaffirming the legal holding that public nuisance law isn’t applicable to the sale of legal products.
Southwest wins court case over death of passenger in lavatory
SAN FRANCISCO (Legal Newsline) - Southwest Airlines and its employees aren’t liable for the death of a passenger who suffered a pulmonary embolism in the lavatory of a plane, even though they delayed providing medical care until after the plane landed because the pilots thought he was a security threat.