Daniel Fisher News
'Fatal shortcoming' dooms lawyers' hopes to open new frontier of Baby Powder litigation
PHILADELPHIA (Legal Newsline) - A federal appeals court upheld the dismissal of a lawsuit on behalf of participants in a Johnson & Johnson retirement, saying plan fiduciaries had no duty as corporate insiders to disclose disputed claims that its iconic Johnson’s Baby Powder contained asbestos or to stop investing in J&J stock.
Judge dismisses AstraZeneca fraud case over Covid vaccine disclosures
NEW YORK (Legal Newsline) - A federal judge threw out securities fraud claims against AstraZeneca over statements it made during clinical trials of its Covid-19 vaccine, saying the plaintiffs failed to identify any false information or fraudulent intent to support their case.
Sixth Circuit puts brakes on PFAS class action that includes everyone in Ohio
CINCINNATI (Legal Newsline) - A class action on behalf of virtually every citizen of Ohio has been halted temporarily, after the Sixth Circuit Court of Appeal granted extraordinary relief to PFAS manufacturers who argued a judge exceeded his authority by allowing the massive case to proceed.
Murdered teacher, school district not liable for classroom shooting
RIVERSIDE, Calif. (Legal Newsline) - A California school district and the estate of a teacher who was shot and killed by her estranged husband aren’t liable for the incident in which a student was also murdered, an appeals court ruled, finding no evidence the district created a “dangerous condition” by failing to bar visitors from the school or install locks on doors.
Opioid lawyers seek $174 million bond as pharmacies appeal Polster's verdict
CLEVELAND (Legal Newsline) - Lawyers representing two Ohio counties that won $651 million in damages from pharmacies they accused of causing the opioid epidemic have asked the judge who handed down that verdict to order them to post a $174 million bond while they pursue their appeals.
Lawyers in class action chaos told to disclose 'financial interest' to those who opted out
SAN FRANCISCO (Legal Newsline) - Lawyers who simultaneously told some of their clients to accept a $6 million settlement of wage-and-hour claims against Walgreens while telling others to reject it can’t appeal a judge’s order invalidating the decision of some class members to opt out of the settlement, the Ninth Circuit Court of Appeals ruled.
Appeals court sides with jury instead of judge in $850K slip-and-fall
LOS ANGELES (Legal Newsline) - A trial judge was wrong to throw out an $850,000 verdict in favor of a man who claimed he slipped and fell on water that spilled out of a restaurant employee’s cart full of dirty dishes, an appeals court ruled, rejecting the restaurant’s explanation of what happened “made little sense.”
Patient told to pump ozone gas into her vagina can sue doctor for malpractice
BOISE, Idaho (Legal Newsline) - An Idaho woman who says she developed breathing difficulties after following a doctor’s instructions to pump ozone gas into her vagina can proceed with her malpractice suit, Idaho’s highest court ruled, overturning a lower-court dismissal based on lack of scientific evidence the gas caused her symptoms.
Prison guard wins 'violence pay' for lifting metal box
BOSTON (Legal Newsline) - A Massachusetts appeals court upheld an award of $174,000 in damages to a prison guard who claimed he was entitled to “violence pay” after he injured his shoulder attempting to carry a metal footlocker to the scene of a hostage incident.
Patients can't sue for emotional distress over Hep C worries
SEATTLE (Legal Newsline) - A hospital that warned thousands of patients a nurse had exposed some of them to Hepatitis C isn’t liable for causing emotional damages, a Washington appeals court ruled, upholding the dismissal of a class action on behalf of otherwise uninjured patients.
Disgruntled clients in PCB mass tort must arbitrate dispute with their lawyers
JACKSON, Miss. (Legal Newsline) - Angry ex-clients who claim they were herded into a settlement of a mass-tort case over PCB pollution must arbitrate their dispute with their lawyers, a Mississippi court ruled, rejecting allegations plaintiffs were presented with take-it-or-leave-it contracts as lawyers tried to salvage their own fees.
Walmart launches Constitutional attack on Lina Khan's FTC
WASHINGTON (Legal Newsline) - Days after the Federal Trade Commission accused Walmart of helping scam artists defraud customers by using its money-transfer service, the retailer fired back with a frontal assault on the agency’s constitutional authority to sue or seek financial penalties.The FTC sued Walmart on Friday for failing to protect customers against sending money to scam artists.
Judge stops 3M's plan to handle massive earplug litigation
INDIANAPOLIS (Legal Newsline) - A bankruptcy judge shot down 3M’s attempt to halt litigation over its Combat Arms military earplugs, saying a generous funding agreement between 3M and its bankrupt Aearo unit eliminated any risk creditors – including some 290,000 earplug claimants – would suffer from an unfair distribution of assets if the lawsuits proceed.
Court: Rutgers right to keep game tape from teen girl who wants to coach
TRENTON, N.J. (Legal Newsline) - A father who said he needed proprietary Rutgers University football video so his daughter could learn to be a successful strategist of the game lost his bid to obtain the tape through a freedom of information request.
E-mail trail lands company in age discrimination pickle, though layoffs barely affected average age
BOSTON (Legal Newsline) - An engineer who was fired in his mid-50s can sue Schneider Electric for age discrimination because there was plenty of evidence managers were under pressure to use a “reduction in force” to make room for what they described as “young talent,” a Massachusetts appeals court ruled.
School escapes liability for sex abuse by teacher
HARTFORD, Conn. (Legal Newsline) - A Connecticut school district can’t be held liable for illegal sex between a female theater teacher and a student, an appeals court ruled, because the two took care to avoid being discovered and school officials had no reason to suspect wrongdoing.
Firefighters fired over penises drawn on Black colleague's family pictures lose lawsuit
MIAMI (Legal Newsline) - Firefighters who lost their jobs and sued the City of Miami and its fire chief for allegedly linking two events - penises drawn on a Black colleague's family photos and the later placement of a string resembling a noose on one of the pictures - had no case, an appeals court ruled, citing the absolute immunity afforded government officials for actions taken “within the scope of their duties.”
Woman who got flu shot instead of birth control closer to $10 million wrongful birth verdict
OLYMPIA, Wash. (Legal Newsline) - A woman who mistakenly received a flu shot instead of the contraceptives she was expecting may be entitled to $10 million in damages after she gave birth to a child with a rare congenital disease, the Washington Supreme Court ruled, rejecting the U.S. government’s argument the plaintiff had to prove she sought birth control to avoid such an outcome.
Nurses can be sued for following doctor's orders, North Carolina court rules
RALEIGH, N.C. (Legal Newsline) - Registered nurses can be sued for malpractice even if they were carrying out a doctor’s orders, the North Carolina Supreme Court ruled, overturning a 90-year-old precedent shielding them from liability in all but the most egregious cases.
Court says sexual assault of DUI suspect not outside 'scope of employment'
HELENA, Mont. (Legal Newsline) - A police officer who impregnated a woman he suspected of drunk driving after telling her “something needs to be done” wasn’t necessarily acting out of the scope of employment, the Montana Supreme Court ruled in answer to a question about state law from a federal appeals court.