Daniel Fisher News
Fiat Chrysler can be sued in Massachusetts over accident in a different state
BOSTON (Legal Newsline) - The manufacturer of a 2004 Chrysler Sebring can be sued in Massachusetts by a New Hampshire resident over an accident that occurred in that state because the car was first sold in Massachusetts, the Massachusetts Supreme Judicial Court ruled, reversing a lower court that held the connection between the accident and sale of the car was too remote to assert jurisdiction.
New Mexico pays its opioid lawyers $150 million, almost triple national rate
SANTA FE, N.M. (Legal Newsline) - New Mexico Attorney General Raúl Torrez is paying outside lawyers more than $150 million out of a $453 million opioid settlement with Walgreens, nearly triple the rate other states paid their lawyers to negotiate agreements with major pharmacy chains.
Woman can't sue Iowa city after police officer raped her while she was intoxicated
DES MOINES, Iowa (Legal Newsline) - The City of Muscatine, Iowa isn’t liable for the actions of a police officer who gave the intoxicated passenger of a vehicle a ride to the hotel where she was staying and raped her, all while still on duty.
Judge in Rhode Island climate case accused of potential bias
PROVIDENCE, R.I. (Legal Newsline) - Oil companies sued by Rhode Island over global warming say the state judge hearing their case cited has created the appearance of bias by citing news articles in a ruling and comparing the state to developing nations that are seeking payment for climate change at the United Nations.
Journalism professor accused of racism who lost job also loses defamation suit
GRETNA, La. (Legal Newsline) - A journalism professor who lost a prestigious job at Arizona State University after being accused of racism by former students on Twitter and in a school newspaper lost her case after a Louisiana appeals court ruled the comments were protected under the state’s anti-SLAPP statute.
CEOs beware this ruling, dissenting Arkansas Supreme Court justices say in Bayer ruling
LITTLE ROCK, Ark. (Legal Newsline) - A narrow majority of justices on the Arkansas Supreme Court refused to intervene in a state judge’s order requiring Bayer AG Chief Executive Werner Bauman to subject himself to a deposition in one of tens of thousands of lawsuits claiming Roundup herbicide causes cancer.
Second Circuit rules for AstraZeneca in suit over COVID vaccine statements
NEW YORK (Legal Newsline) - Public pension funds that accused AstraZeneca of misleading investors about the efficacy of the company’s Covid 19 in order to facilitate a stock-funded acquisition failed to identify any false statements or a motive for committing fraud, the Second Circuit Court of Appeals ruled, upholding the dismissal of the case.
One attorney general is suing the nationwide AG group, citing violations of state finance laws
Montana Attorney General Austin Knudsen filed a long-threatened lawsuit against the National Association of Attorneys General, saying the Washington organization failed to comply with Montana law on how to report and invest state money.
Man who wrecked hand in liquid nitrogen can sue restaurant; Employee offered to pay dinner bill
ATLANTA (Legal Newsline) - A customer who plunged his hand into a pitcher of liquid nitrogen at the urging of an employee who bet him the value of two dinners can sue the restaurant for negligent hiring and supervision, a Georgia appeals court ruled, even as it dismissed claims the worker was acting in the interests of his employer.
Electrician who blames brain disease on bird poop at nut plant can sue
SAN DIEGO (Legal Newsline) - An electrician who worked at a bird-infested nut processing plant can sue over a brain disease he says he contracted from feces covering the machinery and floor, a California appeals court ruled, reversing a trial judge’s dismissal of the case for lack of evidence.
'Classic fraudulent joinder': Mississippi Supreme Court rejects effort to attach prior landlord to fire lawsuit
JACKSON, Miss. (Legal Newsline) - Plaintiffs were engaged in “classic fraudulent joinder” by naming a long-defunct company in a lawsuit over an apartment fire in order to keep the case in their preferred venue, the Mississippi Supreme Court ruled, reversing a trial judge who thought the company lived on under another name.
Lawyer wins his own fees from AT&T over canceled 1-800 number
JACKSON, Miss. (Legal Newsline) - AT&T must pay a lawyer for time he spent proving the telecommunications firm wasn’t telling the truth when it said a member of his firm canceled their 1-800 number, the Mississippi Supreme Court ruled.
Stem cell company won't get jury trial after being sued by Iowa AG
DES MOINES, Iowa (Legal Newsline) - A company that touted its stem cell cures for aging wasn’t entitled to a jury trial over claims by the Iowa Attorney General it violated state consumer protection laws, the state’s highest court ruled.
Victims of child sexual abuse can't recover treble damages from California school districts
SAN FRANCISCO (Legal Newsline) - A California law providing treble damages for victims of child sexual abuse that was covered up doesn't extend to public entities, the California Supreme Court ruled, overturning several prior cases that suggested there was a difference between treble and punitive damages.
PFAS bellwether trial halts as 3M cites pending 'global resolution'
CHARLESTON, S.C. (Legal Newsline) - A bellwether trial of PFAS claims against 3M that was scheduled to begin Monday morning was halted to give more time for the parties to reach “a final binding agreement” to end litigation by hundreds of municipalities over the so-called “forever chemicals” in drinking water.
Anonymous letters about lawyer's arrest might be protected speech
HARTFORD, Conn. (Legal Newsline) - A lawyer who was sued by a former associate after mailing anonymous letters to news outlets accusing him of beating his wife deserves a chance at having the suit dismissed under a law protecting speech about matters of public concern, the Connecticut Supreme Court ruled.
Doctor can't be ordered to testify about midwife's performance in case of newborn's brain injury
NASHVILLE, Tenn. (Legal Newsline) - A doctor can’t be compelled to testify about the performance of a nurse midwife before he arrived to deliver a baby who suffered hypoxic brain injury, Tennessee’s highest court ruled, rejecting arguments by trial lawyers that as a supervising physician he should be ordered to offer his expert opinion on whether the nurse met the standard of care.
Appeals court tees off on Calif. plaintiff lawyers in case against Kia
SAN DIEGO (Legal Newsline) - An aspiring actress who suffered a traumatic brain injury after the driver of the Kia Forte she was riding in made a sudden U-turn across a three-lane highway won’t get a second chance at winning money from the manufacturer after a California appeals court rejected her arguments Kia should have been penalized for withholding documents and the jury room was too small.
LG can't escape lawsuit in Texas just because plaintiff misused battery in e-cig
AUSTIN, Texas (Legal Newsline) - Texas courts have jurisdiction over a lawsuit by a man who improperly hooked up an LG lithium battery to his e-cigarette, causing it to explode in his pocket, the Texas Supreme Court ruled.
Minimal evidence needed to pull doctor into malpractice case
SPRINGFIELD, Ill. (Legal Newsline) - An Illinois law designed to prevent doctors from needlessly being dragged into litigation has a relatively low bar, the state Supreme Court ruled, reviving a lawsuit against a critical-care doctor accused of missing the signs of a malfunctioning drug-delivery device.