Daniel Fisher News
Activists, hedge funds in crosshairs as House committee looks at litigation finance
WASHINGTON (Legal Newsline) - A congressional committee will hear testimony today on how hedge funds and activists are financing litigation for private profit and political goals Republicans say are “otherwise unattainable through the legislative process.”
Fifth Circuit swats attempt to delay smelly-dump trial
NEW ORLEANS (Legal Newsline) - Defendants accused of creating a public nuisance by operating a smelly dump in Louisiana can’t delay a trial while they wait to see if a court certifies a class action over the same questions, the Fifth Circuit Court of Appeals ruled in a decision that dismissed the defense theories as wrong.
Lawyer's client fakes text messages when pushing sexual harassment claim
NEW YORK (Legal Newsline) - A federal appeals court reversed more than $100,000 in sanctions against a lawyer whose client lied under oath and fabricated text messages at the center of a sexual harassment suit, ruling the trial judge failed to find he acted in bad faith.
Hospital fighting $49M award loses challenge to Nevada judicial appointments
CARSON CITY, Nev. (Legal Newsline) - A hospital seeking to overturn a $49 million wrongful-death judgment lost its challenge to how two judges were appointed to the Nevada Supreme Court to replace justices who had to recuse themselves.
Antics at deputy sheriff's party have him in trouble after police dog bites guest
COLUMBUS, Ohio (Legal Newsline) - An Ohio police officer who demonstrated to guests at a party how his K-9 unit dog responded to commands – including finding illegal contraband buried in the back yard – might be liable after the dog bit one guest in the chest, the Ohio Supreme Court ruled.
Massachusetts holds brokers to same standards as advisors in Robinhood case
BOSTON (Legal Newsline) - Massachusetts can impose tougher securities regulations on Internet broker Robinhood, the state’s highest court ruled, reversing a lower-court decision that held the “fiduciary rule” equating brokers with investment advisors exceeded regulators’ authority.
California school right to fire teacher for refusing COVID tests, court rules
FRESNO, Calif. (Legal Newsline) - Faced with an order by state health authorities to verify the Covid-19 vaccination status of all school workers in 2021, an elementary school had no choice but to fire a teacher who refused to disclose her medical records or submit to weekly Covid testing, a California appeals court ruled.
Lawyers seek dismissal of 'shotgun' complaint by Florida repair firm
WEST PALM, BEACH, Fla. (Legal Newsline) - A law firm sued in federal court by a former client whose repair business was damaged by a change in Florida insurance law seeks to dismiss the case, saying the suit is an improper “shotgun pleading” that fails to identify any specific examples of malpractice.
Lawyer loses effort to avoid paying fees to colleagues who led Bard blood filter MDL
SAN FRANCISCO (Legal Newsline) - A lawyer who signed an agreement to share in legal materials used in multidistrict litigation over Bard blood filters can’t avoid paying common-benefit fees to the lead lawyers even in cases that were never included in the MDL, the Ninth Circuit ruled.
The FDA calls it 'unreliable,' but drug-testing lab that kickstarts class actions scores contract with Defense Dept.
WASHINGTON (Legal Newsline) - A laboratory criticized by the Food and Drug Administration of having “scientific deficiencies” and accused by pharmaceutical companies as being in league with plaintiff attorneys has announced a contract with the Pentagon to perform quality testing on drugs for the Defense Department.
Mother can be 'joint victim' of birth injury, Connecticut courtrules
HARTFORD, Conn. (Legal Newsline) - A mother who sued a state hospital for emotional distress after a difficult delivery in which her son was permanently injured can proceed with her case because the damages fall under the general category of medical malpractice, the Connecticut Supreme Court ruled.
Sovereign immunity protects state against federal claims, Md. Supreme Court rules
ANNAPOLIS, Md. (Legal Newsline) - A law that allows plaintiffs to sue Maryland for up to $400,000 doesn’t include claims based on federal law, the state’s highest court ruled in a case involving a woman who claims she was fired from a state university for political reasons.
Maryland's sex-discrimination law may not protect gay Catholic charity worker
ANNAPOLIS, Md. (Legal Newsline) - A divided Maryland Supreme Court ruled that state laws prohibiting discrimination on the basis of “sex” may not apply to an employee of a Catholic organization who lost spousal insurance benefits after the church realized he was in a same-sex marriage.
Widow can collect on lapsed $1 million life policy, court rules
SAN DIEGO (Legal Newsline) - The widow of a man who stopped making premium payments on a $1 million life insurance policy can collect because the insurer didn’t follow state law before canceling the policy, a federal judge ruled.
California's Prop 13 doesn't prevent voters from raising taxes on hotels, court rules
SAN DIEGO (Legal Newsline) - Amendments to the California constitution that limited property tax increases and require a two-thirds majority to pass special taxes don’t apply to voter initiatives, an appeals court ruled, rejecting challenges to a San Diego ordinance raising occupancy taxes.
Teen angst over climate change convinces judge to strike down Montana law
HELENA, Mont. (Legal Newsline) - A “passionate skier” called “Badge,” named after a popular recreation area and who “feels a part of him is lost” after a devastating wildfire at Badger Two-Medicine. A young woman who believes the deteriorating climate has hurt her ability to play competitive soccer. Another young woman who questions whether having children “is an option in a world devastated by climate change.”
No immunity for New Jersey jail in lawsuit over inmate suicide
TRENTON, N.J. (Legal Newsline) - New Jersey’s highest court upheld a $1.6 million verdict in a lawsuit against a county jail over arguments the jury awarded damages partially based on conduct – including failure to identify the man as a suicide risk -- entitled to absolute immunity under state law.
Woman can sue school for hiring sex offender 22 years after assault
CONCORD, N.H. (Legal Newsline) - A woman who claims she discovered a Catholic school was responsible for hiring a known sexual offender decades after she was assaulted can proceed with her lawsuit, New Hampshire’s highest court ruled, overruling a lower court that dismissed the case under a three-year statute of limitations.
Couple can't sue pharmacies for refusing to fill ivermectin prescriptions
ST. PAUL, Minn. (Legal Newsline) - A couple who claimed they were forced to use “horse paste” ivermectin to treat their Covid infections have no case against Walmart and another pharmacy that refused to fill prescriptions by an out-of-state doctor, a federal appeals court ruled.
Asbestos not an 'obvious' hazard for removal worker in 1979, court rules in $2.3M case
OLYMPIA, Wash. (Legal Newsline) - Jurors didn’t need to be instructed on the defense of “known and obvious” risks in the case of a worker who developed a deadly cancer decades after a three-month assignment removing asbestos from a Mobil refinery in 1979, the Washington Supreme Court ruled.