Daniel Fisher News
Lawyers who get sued can't avoid punitive damages
SPRINGFIELD, Ill. (Legal Newsline) - Clients who are ordered to pay punitive damages can sue to recover the money from their lawyers, the Illinois Supreme Court ruled, rejecting arguments state law and public policy protect lawyers from being subject to punitive damages awards.
One-year limit doesn't apply to woman suing over stillbirth, court rules
SAN FRANCISCO (Legal Newsline) - A hospital that argued a woman was a day late in suing over the death of her fetus lost on appeal, as a California court ruled a judge or jury might decide she didn’t suspect medical malpractice until later.
Life insurer gets huge win in court, as class action rejected in California
SAN DIEGO (Legal Newsline) - A federal judge refused to certify a class action that could have exposed life insurers to billions of dollars in damages, saying the proposed class was too broad and the lead plaintiff wasn’t typical of other claimants lawyers sought to bundle into one massive case.
Do bongs need warning labels? Judge makes decision
SAN FRANCISCO (Legal Newsline) - Just because most bongs are used to smoke marijuana doesn’t mean they have to carry warning labels against pot smoke, a California appeals court, rejecting claims by a group associated with a San Diego law firm that sues companies over the state’s Proposition 65 cancer-warning statute.
Minn. AG allowed to keep info on climate change litigation private
MINNEAPOLIS (Legal Newsline) - Minnesota Attorney General Keith Ellison can cite the “common-interest doctrine” to shield communications with outside parties involved in climate litigation, the state’s highest court ruled, reversing an appeals court decision that would have made public Ellison’s conversations with other state AGs and private organizations.
Couple who sued after son died have to turn over nine years of Facebook activity
FRANKFORT, Ky. (Legal Newsline) - A Kentucky couple who sued the hospital that delivered their son after he died from a brain injury lost their request to block a subpoena for nine years of Facebook posts, with the state’s highest court saying they wouldn’t suffer any irreparable harm by turning it over.
San Diego dealt blow in wrongful death lawsuit; Police didn't watch one-hour instruction video
SAN DIEGO (Legal Newsline) - Family members of a motorcyclist who crashed after leading police on a 100-mph chase might win money from the City of San Diego because police officers didn’t spend a required hour a year watching videos on how to conduct vehicular pursuits.
Records keep class action lawyers from getting $3.7 million from BMW settlement
PHILADELPHIA (Legal Newsline) - Citing its “special responsibility” to scrutinize plaintiff fees in class action litigation, the Third Circuit Court of Appeals reversed a $3.7 million fee awarded to three law firms in a lawsuit over allegedly defective BMW engines because they didn’t provide detailed enough billing records.
Child abuse victim can’t sue authorities for violating reporting law
SALEM, Ore. (Legal Newsline) - A victim of child abuse can sue the police for failing to protect him from his stepfather but not for violating specific duties under Oregon law, the state’s highest court ruled in an advisory opinion for a federal judge.
Court: Oakland can't sue Raiders over move to Vegas
LOS ANGELES (Legal Newsline) - The City of Oakland isn’t entitled to damages over the relocation of the Raiders football team to Las Vegas, a California appeals court ruled, upholding the dismissal of a lawsuit claiming the National Football League and its member teams violated an agreement to consider a dozen factors including the impact a team’s relocation would have on the local community.
Unhappy client can sue lawyers over punitive damages award, court rules
SPRINGFIELD, Ill. (Legal Newsline) - Clients who are ordered to pay punitive damages can sue to recover the money from their lawyers, the Illinois Supreme Court ruled, rejecting arguments state law and public policy protect lawyers from being subject to punitive damages awards.
Appeals court reverses $3.7 million fee In BMW class action
PHILADELPHIA (Legal Newsline) - Citing its “special responsibility” to scrutinize plaintiff fees in class action litigation, the Third Circuit Court of Appeals reversed a $3.7 million fee awarded to three law firms in a lawsuit over allegedly defective BMW engines because they didn’t provide detailed enough billing records.
One-year limit doesn’t apply to woman suing over stillbirth, court rules
SAN FRANCISCO (Legal Newsline) - A hospital that argued a woman was a day late in suing over the death of her fetus lost on appeal, as a California court ruled a judge or jury might decide she didn’t suspect medical malpractice until later.
Wrongful-death plaintiffs must turn over nine years of Facebook posts
FRANKFORT, KY (Legal Newsline) - A Kentucky couple who sued the hospital that delivered their son after he died from a brain injury lost their request to block a subpoena for nine years of Facebook posts, with the state’s highest court saying they wouldn’t suffer any irreparable harm by turning it over.
'WHT CHOCO' on price tag could be false advertising, Calif. court rules
LOS ANGELES (Legal Newsline) - Consumers could be misled into believing Target’s White Baking Morsels contain white chocolate because the price tag had the abbreviation “WHT CHOCO,” a California appeals court ruled, reviving a class action a trial judge had dismissed after finding no reasonable consumer could have been deceived.
Police training videos at issue in lawsuit over motorcyclist’s crash
SAN DIEGO (Legal Newsline) - Family members of a motorcyclist who crashed after leading police on a 100 m.p.h. chase might win money from the City of San Diego because police officers didn’t spend a required hour a year watching videos on how to conduct vehicular pursuits.
Judge: No meat in 'veggie' class action lawsuit against Kellogg's
SAN FRANCISCO (Legal Newsline) - A woman who hoped to lead a class action against Kellogg’s over supposedly mislabeled “veggie” meat substitutes lost her case after a judge decided no reasonable consumer would think the term excluded other non-meat ingredients such as grains and oil.
Nonprofit earns right to challenge South Carolina AG's $75M transfer to private lawyers
COLUMBIA, S.C. (Legal Newsline) - A nonprofit organization can challenge South Carolina Attorney General Alan Wilson’s transfer of $75 million in contingency fees to outside lawyers, the state’s highest court ruled, saying it was “an issue of public importance” because the AG may make several other such transfers including fees associated with a $300 million settlement of opioid claims.
Investments made by state AGs with settlement money may violate state laws
The former Treasurer of Ohio added his voice to critics calling upon the National Association of Attorneys General to explain why it is holding some $280 million its members obtained in settlements with corporate defendants, saying the money is being handled in ways that might violate state laws and regulations.
Whose $280M is it anyway? AGs say their national group should return it to states
A dozen state attorneys general have called upon their national organization to return some $280 million obtained in corporate settlements back to the states, saying it is a “key part of any NAAG reform.”