Daniel Fisher News
Law firm must face malpractice case over failure to seek damages in default judgment
AUSTIN, Texas (Legal Newsline) - A law firm can’t escape a malpractice suit by citing a state law designed to protect free speech, the Texas Supreme Court ruled, finding the plaintiff had presented enough evidence to allow the case to proceed.
Federal judge halts American Airlines-JetBlue alliance in New York and Boston
BOSTON (Legal Newsline) - Saying airline economic experts were biased, a federal judge ordered American Airlines and JetBlue to end an alliance at the Boston and New York airports that the carriers argued would help each mount more effective competition dominant against Delta Air Lines.
Mass. Supreme Court upholds $37 million verdict for Marlboro Lights smoker
BOSTON (Legal Newsline) - A woman who admitted she knew smoking was dangerous but claimed she was misled into believing Marlboro Lights were safer can collect nearly $37 million after the highest court in Massachusetts rejected arguments by Philip Morris that the jury received incorrect instructions and the statutory post-judgment interest rate was too high.
Colorado court must reconsider $3 million fine against CollegeAmerica in AG's lawsuit
DENVER (Legal Newsline) - Colorado’s highest court reversed an appeals court’s order requiring a new trial over state claims a career college defrauded students out of more than $200 million, but said an appeals court must reconsider whether the college’s actions had “significant public impact.”
Hawaii's chief justice involved with environmental advocate, as his court handles fate of climate change lawsuit
HONOLULU (Legal Newsline) - The chief justice of the Hawaii Supreme Court acknowledged he collaborated with a nonprofit environmental group to discuss climate litigation as he prepares to hear an appeal in Honolulu’s lawsuit against the energy industry.
Maxine Waters can be sued for claiming opponent faked Navy discharge papers
LOS ANGELES (Legal Newsline) - Congresswoman Maxine Waters must face trial over a political opponent’s claim she said he had been dishonorably discharged from the Navy even after he produced documents showing the statement was false, a California appeals court ruled.
Private lawyers pocket $73 million in Florida's opioid case; Is it against state law?
TALLAHASSEE, Fla. (Legal Newsline) - Florida Attorney General Ashley Moody says she found a way to pay private lawyers tens of millions of dollars for negotiating opioid settlements without triggering the state’s $50 million cap on contingency fees, though a state legal reform group disagrees.
General contractor not protected by Workers' Comp law in case of fatal accident
BISMARCK, N.D. (Legal Newsline) - General contractors are “deemed” to be employers under one section of North Dakota’s workers compensation law but they don’t get immunity from lawsuits by employees of their subcontractors, the state’s highest court ruled.
Split Iowa Supreme Court overrules own precedent on money damages after just six years
DES MOINES, Iowa (Legal Newsline) - The Iowa Supreme Court overruled a precedent allowing money damages for constitutional violations after just six years, deciding its earlier decision intruded on the powers of the legislature and proved unworkable in practice.
Texas can sue Volkswagen over 'dieselgate,' state Supreme Court says
AUSTIN, Texas (Legal Newsline) - Volkswagen can be sued in Texas over the “dieselgate” scandal even though it is based in Germany and its VW and Audi vehicles are distributed by a New Jersey subsidiary, the Texas Supreme Court ruled, reversing an appellate court decision dismissing the case for lack of personal jurisdiction.
Andreachhio parents can't sue uncle of girlfriend and assistant AG over records of son's death
JACKSON, Miss. (Legal Newsline) - The parents of a young man whose death drew national attention including podcasts and a $47 million defamation suit can’t sue the man who obtained investigative records from the state before they did and published them on his personal website, the Mississippi Supreme Court ruled.
Oregon Supreme Court reverses State's loss in case over 5-hour Energy
SALEM, Ore. (Legal Newsline) - The Oregon Supreme Court turned a victory into a loss for the company that sells 5-hour Energy, saying two lower courts got the law wrong by ruling the state must prove advertising has a material effect on a consumer’s decision to buy in order to violate consumer-protection laws.
Woman who attempted suicide can sue Idaho
BOISE, Idaho (Legal Newsline) - A woman who claims employees at a mental-health clinic pushed her to take Prozac over her objections can sue the State of Idaho for her subsequent suicide attempt, the state’s highest court ruled.
Policeman not an officer, court rules in lawsuit over pepper spraying
JACKSON, Miss. (Legal Newsline) - An $11-an-hour officer who never graduated from the police academy isn’t a “law enforcement officer” for purposes of obtaining a probable-cause hearing over criminal charges he pepper-sprayed a youth, the Mississippi Supreme Court ruled.
Camp Lejeune toxic-tort cases flood court amid lawyer ad blitz
Plaintiff lawyers have filed hundreds of lawsuits under a law waiving the federal government’s immunity from claims over contaminated drinking water at the Camp Lejeune Marine Corps base, even as a judge works out details on how the litigation will proceed.
No right to court-ordered Ivermectin, Wisconsin Supreme Court says in COVID case
MADISON, Wis. (Legal Newsline) - A judge was out of line when he ordered a Wisconsin hospital to provide a patient dying of Covid-19 with the controversial anti-parasite drug Ivermectin, the Wisconsin Supreme Court ruled, upholding an appellate decision reversing the order.
Lawsuits over warning signs on streets are fair game, California Supreme Court says
SAN FRANCISCO (Legal Newsline) - California law provides broad immunity from lawsuits over how cities design their streets but plaintiffs can still sue over a lack of warning signs, the state’s highest court ruled, upholding a 50-year-old precedent against arguments it was illogical.
Lead-paint plaintiff who spent settlement money can't sue for more
ALBANY, N.Y. (Legal Newsline) - A man who traded a lifetime annuity of $3,000 a month for up-front payments worth a fraction of that amount can’t sue an insurance company for allowing him to sign such a bad deal, New York’s highest court ruled.
Drunken advances at bar association conference win judge censure, $20K penalty
DENVER (Legal Newsline) - A Colorado judge who made drunken overtures to a younger lawyer at a bar association meeting and later followed him to his hotel room was hit with $20,000 in sanctions by a special tribunal of the Colorado Supreme Court, after the judge agreed to step down and accept public censure.
No recovery for man who drove into open manhole, court rules
HARTFORD, Conn. (Legal Newsline) - The Connecticut Supreme Court affirmed the reversal of a jury verdict in favor of a man who drove into an open manhole after the snowplow in front of him dislodged the cover, ruling sovereign immunity protected the City of New Haven against his claim.