Daniel Fisher News
Cybersquatting 'investor' loses rights to Mississippi lottery domain names
JACKSON, Miss. (Legal Newsline) - A man who registered some 60 website names containing the words “Mississippi” and “lottery” shortly before the state announced its first lottery in 2018 was rightfully stripped of the domains, the Mississippi Supreme Court ruled.
SCOTUS asked to address 'dangerous trend' by state attorneys general
WASHINGTON (Legal Newsline) - Out of options after California’s highest court rejected its appeal, Johnson & Johnson has asked the U.S. Supreme Court to review a $344 million judgment based upon what it called unconstitutionally vague state consumer protection laws.
Governments and trial lawyer partners lose again in litigation against Netflix, Hulu
ST. LOUIS (Legal Newsline) - Private lawyers who hoped to make a killing by suing Netflix, Hulu and other streaming video services with claims they owed taxes to municipalities lost again, with the U.S. Court of Appeals for the Eighth Circuit ruling there is no basis in Arkansas law for their case.
Father of twins murdered by their mother can't blame crisis clinic
A father whose twins were murdered by their mentally ill mother can’t sue a crisis clinic for failing to warn him of the risk, an Arizona appeals court ruled.
California court: Disability not a viable reason to dismiss juror
LOS ANGELES (Legal Newsline) - A woman who lost a malpractice lawsuit against her anesthesiologist will get a second chance after a California appeals court ruled a defense lawyer improperly challenged two potential jurors because they had disabled family members.
'Ambiguous' statute gives Colorado more time to enact emissions regulations
DENVER (Legal Newsline) - A law requiring Colorado regulators to promulgate rules designed to allow the state to meet its emission reduction goals didn’t set a firm deadline for anything more than collecting data, an appeals court ruled, rejecting challenges from environmental groups.
DuPont, Corteva can't escape North Carolina's PFAS lawsuit
RALEIGH, N.C. (Legal Newsline) - DuPont and its Corteva spinoff must answer to North Carolina’s lawsuit over PFAS pollution, the state’s highest court ruled, rejecting arguments state courts had no personal jurisdiction over the companies.
Court revives defamation suit against Marjorie Taylor Greene
ATLANTA (Legal Newsline) - A Georgia mortgage company gets a second chance to sue U.S. Rep. Marjorie Taylor Greene for accusing the firm of firing an executive whose police officer stepson was arrested for shooting a Black man.
Strip club must pay dancers overtime wages, Connecticut court rules
HARTFORD, Conn. (Legal Newsline) - A strip club must pay some of its dancers more than $100,000 in back wages and overtime, a Connecticut appeals court ruled, rejecting the club’s argument an arbitrator relied too heavily upon the testimony of the dancers about how many hours they worked.
Ninth Circuit won't step into lawyer fight over millions from Roundup lawsuits - yet
SAN FRANCISCO (Legal Newsline) - There’s no need to resolve a brewing fight over more than $800 million in fees from Roundup lawsuits, a federal appeals court ruled, rejecting an attempt by plaintiff lawyers in charge of federal multidistrict litigation to collect fees from cases in state court.
Old marketing claims can't sustain California case over heart medication
SAN FRANCISCO (Legal Newsline) - A California appeals court upheld the dismissal of lawsuits against Wyeth and other pharmaceuticals companies over a heart drug that was once criticized by Ted Kennedy and is supposed to be used only as a last resort because of its dangerous side effects.
Dissenting judge: California court just created 'sweeping new rule of tort liability'
LOS ANGELES (Legal Newsline) - Yamaha can be held liable for a dealer’s failure to install a motorcycle throttle assembly correctly, a California appeals court has ruled, in a decision a dissenting judge said “creates a sweeping new rule of tort liability that has no basis in California law.”
470 hours over five years enough for wage suit against Home Depot
SAN FRANCISCO (Legal Newsline) - A man who claimed he was cheated out of 470 minutes of wages over more than five years at Home Depot can proceed with a proposed class action against the company, a California appeals court ruled, even as it dismissed claims by another employee because she was actually overpaid under the same method of averaging time worked into 15-minute increments.
Field hockey player can sue coach after errant soccer ball hits her head
TRENTON, N.J. (Legal Newsline) - A field hockey player who was hit in the head by a soccer ball that flew in from an adjacent athletic field can sue her coach for holding practice in the wrong place, New Jersey’s highest court ruled, rejecting a stricter standard the court established for suing over other types of sports injuries.
Man who lost fingers in bike chain can sue school district 10 years later
JACKSON, Miss. (Legal Newsline) - A man who lost two fingers as a child when they were caught in a bicycle chain can proceed with his lawsuit against a school district even though it was filed a decade later, the Mississippi Supreme Court ruled, finding the district waived its statute-of-limitations argument by failing to raise it soon enough.
Cities, counties swim against tide pulling them toward state opioid settlements
A handful of municipalities are fighting efforts to force them to sign on to opioid settlements negotiated by state attorneys general and private lawyers, as the nation's largest pharmacy chains have offered $13.8 billion to resolve litigation.
Court finds hot pavement is obvious hazard, reversing lower court in case of burnt feet
FRANKFORT, Ky. (Legal Newsline) - A woman who burned her feet on hot pavement at a water park can’t win money from the park’s municipal owner after Kentucky’s highest court ruled the hazard was open and obvious risk.
Court: 'Unquestionably negligent' grandpa, not pool owners, responsible for child's drowning
ATLANTA (Legal Newsline) - A grandfather who was captured on videotape walking away from his 4-year-old granddaughter at a busy pool party before she drowned is primarily responsible for the girl’s death, a Georgia appeals court ruled, rejecting an attempt by the child’s mother to collect damages from the party hosts and the company that built the pool.
Lawsuit over possibly stolen ramen thrown out
LANSING, Mich. (Legal Newsline) - A woman who attempted to leave a Walmart store without paying for items including a dozen packages of ramen noodles had no basis to sue the store for malicious prosecution, a Michigan appeals court ruled.
Strip club not liable for parking-lot shooting of would-be guest
PHOENIX (Legal Newsline) - The parents of a man who was killed in the parking lot of a strip club can’t sue the club or the off-duty security guard who shot him, an Arizona appeals court ruled, finding the dead man was a trespasser after having been told to leave the property earlier in the evening.