Daniel Fisher News
Mom's $14 million malpractice award reduced by daughter's $3.3M settlement
AUSTIN, Texas (Legal Newsline) - A woman who won a $14.1 million malpractice verdict for brain damage she suffered after gastric bypass surgery should have had the award reduced by the multimillion-dollar settlement her daughter received over the same injury, the Texas Supreme Court ruled.
Plaintiff expert's internet explanations aren't enough in New Jersey cancer case
TRENTON, N.J. (Legal Newsline) - A plaintiff expert who cited an article from the American Cancer Society website to explain why he thought a smoker’s cancer was caused by diesel smoke was properly excluded from testifying, a New Jersey appeals court ruled, upholding the dismissal of a lawsuit by a railroad worker’s widow against Conrail.
Homeowners policy doesn't cover kidnapping of boss' assistant
HARTFORD, Conn. (Legal Newsline) - Nationwide Insurance doesn’t have to cover damages awarded to a woman who was bound, gagged and terrorized by a masked intruder who turned out to be a close friend of her boss, the Connecticut Supreme Court ruled.
True Value not liable for van crushing customer against a wall
LANSING, Mich. (Legal Newsline) - A Michigan True Value hardware store isn’t liable for a tragic accident in which the driver of a U-Haul truck unexpectedly hit the gas pedal and crushed a customer against the wall of the building, an appeals court ruled.
Bar not liable for death of woman who ran into truck
LAKE CHARLES, La. (Legal Newsline) - A Louisiana bar wasn’t responsible for the death of a young woman who ran headlong into a truck exiting the parking lot after getting into a fight with her girlfriend, an appeals court ruled, upholding a jury verdict for the defense.
School worker can sue over claim boss targeted 'overpaid white people'
ST. PAUL, Minn. (Legal Newsline) - A school district employee who resigned after receiving her first poor job reviews in nearly 20 years can sue the district for age discrimination after presenting evidence her boss was targeting older, white workers for dismissal, the Minnesota Supreme Court ruled.
Adult daughter can pursue wrongful death suit when widow refuses, court rules
ATLANTA (Legal Newsline) - The adult daughter of a man who died after medical treatment can sue his doctor for wrongful death if the man’s widow refuses to do so, Georgia’s highest court ruled, overturning appellate decisions that restricted the right to sue in such cases to minor children.
Ohio AG must turn over records, testify about Republican AG association
COLUMBUS, Ohio (Legal Newsline) - Ohio Attorney General David Yost must turn over records and sit for a deposition about his office’s interaction with the Republican Attorneys General Association and a related foundation, an appeals court ruled, rejecting arguments the public records request sought information about independent outside groups.
Instacart can sue Seattle over COVID ordinance that gave grocery drivers raises
OLYMPIA, Wash. (Legal Newsline) - Instacart and the Washington Food Industry Association can proceed with a lawsuit challenging a Seattle ordinance that ordered “hazard pay” for food delivery workers during the Covid-19 epidemic but exempted Uber and Lyft drivers, grocery store employees and other front-line workers with similar risks of contracting the disease.
Children of divorce lose claim on $1.5 million wrongful death settlement
PHOENIX (Legal Newsline) - The five children of a man who surrendered parental rights after a divorce can’t collect a share of a $1.5 million wrongful death settlement his widow negotiated with the government after he was killed in an accident with a tribal police officer, an Arizona appeals court ruled.
Woman's bankruptcy doesn't erase sex-abuse claims against Catholic church
TUCSON, Ariz. (Legal Newsline) - A woman who claims she was sexually abused by two Catholic priests when she was less than 15 can sue the church despite arguments she surrendered any such claims after filing for bankruptcy in the 1990s, an Arizona appeals court ruled.
Judge blocks New York's 'hateful conduct' law, citing impact on free speech
NEW YORK (Legal Newsline) - A federal judge blocked enforcement of a New York law requiring social media platforms to create a mechanism for receiving complaints about “hateful conduct” online, saying it could have a “profound chilling effect” on speech that wasn’t justified by a compelling government interest.
Lawyer loses case over 'Avenatti-style' extortion, bad Google review
LINCOLN, Neb. (Legal Newsline) - A lawyer who accused a former client of engaging in “Michael Avennati style” extortion and posting a review on his Google business page describing him as a “disheveled, unorganized, unreliable attorney” can’t revive his lawsuits even though it took more than a year to discover the true author of the review, the Nebraska Supreme Court ruled.
Delaware court rejects plea for looser standard in suicide cases
WILMINGTON, Del. (Legal Newsline) - Plaintiffs claiming medical negligence caused a loved one to commit suicide must prove their injuries created an “uncontrollable impulse” to kill themselves, not a looser “but for” standard, a Delaware court ruled in the case of a farmer who died after suffering a severe infection.
Johnson & Johnson urges Third Circuit to reconsider talc bankruptcy ruling
TRENTON, N.J. (Legal Newsline) - Saying it is trying to avoid a “value-destructive, complex, expensive bankruptcy” of its $61 billion consumer-products division, Johnson & Johnson urged the Third Circuit Court of Appeals to reconsider a panel decision rejecting the reorganization of a smaller unit the company established to handle tens of thousands of lawsuits claiming its Johnson’s Baby Powder contains deadly asbestos.
Two top securities law firms earned almost $3 billion in fees, study shows
The top two law firms active in securities class actions took in almost $3 billion in fees between 2005 and 2018 and recently have been averaging almost $100 million a year, a detailed academic study shows, with little correlation between the riskiness of the cases and how much they are paid.
Newsmax can't escape libel suit over election software claims
WILMINGTON, Del. (Legal Newsline) - The conservative TV network Newsmax must defend itself against a multibillion-dollar lawsuit claiming it knowingly broadcast false claims the election software company conspired to steal victory from former President Donald Trump in the 2020 election.
Witnesses to refinery explosion don't deserve money for mental distress, Louisiana court says
NEW ORLEANS (Legal Newsline) - Four people who witnessed a loud explosion at a nearby refinery that sent flames shooting 55 feet into the air didn’t prove the “genuine and serious mental distress” necessary to win damages under Louisiana law, the state’s highest court ruled.
Montana AG to colleagues: Return money or 'I will see you in court'
Adding to a chorus of dissent by Republican attorneys general, Montana AG Austin Knudsen has threatened to sue the National Association of Attorneys General if it doesn’t return to his state the money it is holding from multistate lawsuit settlements.
12 years wrongly imprisoned but no lawsuit for freed man
AUSTIN, Texas (Legal Newsline) - A man who was freed after 12 years in prison and received compensation under a Texas law can’t sue officials in federal court for violating his rights, the Texas Supreme Court ruled in an advisory opinion to the Fifth Circuit Court of Appeals.