Daniel Fisher News
Artist forced to prove he didn't paint inmate's work wins $2.5M penalty against accusers
CHICAGO (Legal Newsline) - A lawyer who persisted with a lawsuit accusing the famous Scottish artist Peter Doig of refusing to acknowledge one of his early works is now on the hook for more than $2.5 million in sanctions.
Injured utility worker can sue over pole-lifting tongs
MADISON, Wis. (Legal Newsline) - Ruling for the first time on a products liability statute passed in 2011, the Wisconsin Supreme Court said a utility worker can sue the company that made the tongs he used to lift a telephone pole that fell and injured him.
School district off the hook for erasing video evidence of sexual assault
SAN DIEGO (Legal Newsline) - A California school district was unduly censured for routinely erasing video footage that might have been valuable evidence of a sexual assault, an appeals court ruled, finding there was not enough evidence the district knew at the time it would be sued.
Ohio Supreme Court tosses $4.1 million judgment over speed cameras
COLUMBUS, Ohio (Legal Newsline) - Drivers who leased their cars and failed to contest tickets handed out by Cleveland speeding cameras are barred by the doctrine of res judicata from suing to recover the money, the state’s highest court ruled, throwing out a class action that had produced a $4.1 million judgment.
Court rejects plaintiff lawyers' attempt to eliminate California's cap on fees
FRESNO, Calif. (Legal Newsline) - A law firm has no basis for suing to eliminate California’s cap on contingency fees and non-economic damages in malpractice lawsuits, an appeals court ruled, citing previous decisions by the state Supreme Court as well as the law firm’s speculative theories about how the caps deny plaintiffs the right to sue.
Massage chain can't escape assault lawsuit by citing clickwrap agreement
SAN FRANCISCO (Legal Newsline) - A massage parlor franchising company can’t escape a sexual assault lawsuit by one of its customers by citing an arbitration clause buried in a 10-page electronic agreement she never read when she checked in to her local outlet, a California appeals court ruled.
Companies embroiled in talc litigation lose challenge to plaintiff experts in $12M case
SAN FRANCISCO (Legal Newsline) - Plaintiff experts who say cosmetic talcum powder causes the fatal cancer mesothelioma were properly allowed to testify in a trial that resulted in a $12 million plaintiff verdict, a California appeals court ruled, rejecting defense arguments they didn’t have scientific evidence to support their opinions.
No PTSD workers' comp for school nurse after child chokes to death
ANCHORAGE, Alaska (Legal Newsline) - An elementary school nurse who was exposed to bodily fluids while trying to save a child choking on his lunch can’t collect workers’ compensation benefits over the stress of the incident, the Alaska Supreme Court ruled, agreeing the evidence suggested the woman had preexisting emotional difficulties.
Amazon workers can't sue for time spent in security line
SALEM, Ore. (Legal Newsline) - Amazon employees can’t sue under Oregon labor laws for wages they say they earned while going through security screening, the state’s high court ruled, because state laws mirror federal regulations that exclude such incidental activities.
Judge strikes down California firearms fee-shifting law
SAN DIEGO (Legal Newsline) - Citing California Governor Gavin Newsom’s harsh criticism of a similar law in Texas aimed at pro-choice advocates, a federal judge struck down a California law designed to make it too costly for gun-rights activists to challenge firearms regulations.
Ohio Supreme Court eliminates damages cap for sexual abuse victim
COLUMBUS, Ohio (Legal Newsline) - A narrow majority on the Ohio Supreme Court declared the state’s $250,000 cap on noneconomic damages unconstitutional in the case of a victim of childhood sexual abuse, in a decision opposed by a variety of organizations as well as Ohio Attorney General Dave Yost.
Court allows Louisiana man to claim full medical bill even though hospital only gets half
NEW ORLEANS (Legal Newsline) - A man who claims he was hit by a garbage truck and sued for medical costs that are twice what his hospital billed can actually collect, the Louisiana Supreme Court ruled, rejecting Progressive Insurance’s argument the plaintiff would never actually incur those costs.
Split court says absentee father gets share of settlement over fetus' death
FRANKFORT, Ky. (Legal Newsline) - A man who limited his prenatal care to sending a $25 Walmart moneygram to the mother of his child can nevertheless sue for a share of the proceeds of a wrongful-death settlement over the baby’s stillbirth, the Kentucky Supreme Court ruled.
Connecticut AG loses bid to kill open-records request on climate change litigation
HARTFORD, Conn. (Legal Newsline) - Connecticut Attorney General William Tong lost his attempt to squelch an open-records request for information about coordination with other state AGs on climate litigation after a state court judge ruled against his office’s arguments for dismissal.
11th Circuit to take closer look at key Roundup ruling against Bayer
ATLANTA (Legal Newsline) - The 11th Circuit Court of Appeals has agreed to reconsider its earlier decision denying Bayer AG’s request to dismiss failure-to-warn claims against Roundup herbicide because they are preempted by federal labeling law.
Supreme Court interest no reason to halt climate case, D.C. argues
WASHINGTON (Legal Newsline) - The U.S. Supreme Court’s apparent interest in one of the many lawsuits by government entities against the oil industry is no reason to halt the District of Columbia’s case while ExxonMobil appeals a federal court’s order remanding it back to district court, D.C.’s lawyers argued in an opposition brief.
Court spikes lawyer's 'frivolous' fight over contingency fee
JACKSON, Miss. (Legal Newsline) - Mississippi’s highest court rejected a lawyer’s claim rival attorneys conspired to deprive him of his contingency fee in a legal malpractice lawsuit, agreeing a trial judge was justified in dismissing the long-running case as frivolous.
Expert's 'widespread deception' fueled talc/asbestos lawsuits, J&J says
TRENTON, N.J. (Legal Newsline) - A bankrupt unit of Johnson & Johnson has sued one of the most prominent plaintiff experts in talc litigation, accusing her of knowingly promoting the “false narrative” that cosmetic talc causes cancer.
Connecticut AG fights open-records request over climate suit
HARTFORD, Conn. (Legal Newsline) - An activist group will face off against Connecticut Attorney General William Tong on Monday in a court hearing over whether the state can keep secret communications with other AGs about politically tinged climate litigation.
Patients get more time to sue surgeon who fled to Pakistan, divided court finds
COLUMBUS, Ohio (Legal Newsline) - An Ohio law barring medical-malpractice lawsuits more than four years after an injury doesn’t apply to cases against a surgeon who fled the country and is now living in Pakistan, the Ohio Supreme Court ruled.