Daniel Fisher News
Patent-holder hit with $5.4 million in legal fees over 'flip-flopping' claims
WASHINGTON (Legal Newsline) - A firm that unsuccessfully sued Apple, Amazon, Dell and numerous other tech companies for patent infringement will have to pay for its failures after a federal appeals court ordered it to pay more than $5 million in attorney fees for making unreasonable arguments and persisting with litigation when it should have quit.
Court trims the federal government's opioid lawsuit against Amerisource Bergen
PHILADELPHIA (Legal Newsline) - A federal judge allowed the government’s lawsuit against drug distributor Amerisource Bergen to proceed, but cut down the potential size of the government’s claims by ruling Amerisource could only be ordered to pay fines over opioids it shipped after Congress amended the Controlled Substances Act in 2018.
Honolulu climate is suit about 'disinformation,' not emissions, Hawaii Supreme Court says
HONOLULU (Legal Newsline) - Honolulu’s lawsuit against the oil companies isn’t about halting fossil-fuel production or regulating greenhouse gas emissions but stopping the industry’s practice of lying to consumers, the Hawaii Supreme Court ruled.
A cancer warning label on Roundup would be unconstitutional, Ninth Circuit rules
SAN FRANCISCO (Legal Newsline) - California can’t order the manufacturer of Roundup weedkiller to place a cancer warning on the product because it would be misleading to consumers and violate the First Amendment, a federal appeals court ruled.
Ga. halfway house may be liable for assault on resident
ATLANTA (Legal Newsline) - A Georgia halfway house that took in homeless people and convicted felons may be liable for the false imprisonment and rape of a resident who was assaulted by a man who was on parole for manslaughter, an appeals court ruled.
Class action over patient notification struck down because lead plaintiff was actually notified
LITTLE ROCK, Ark. (Legal Newsline) - The Arkansas Supreme Court dismissed a class action lawsuit on behalf of more than 2,000 patients of a doctor who was dismissed from his hospital practice, ruling the lead plaintiff couldn’t claim he wasn’t notified of the doctor’s new whereabouts since he obtained the information before filing suit.
No case for inmates who say they got wrong COVID vaccine
CHEYENNE, Wyo. (Legal Newsline) - Inmates who claim they were injected with the wrong Covid-19 vaccine have no case against the state of Wyoming, the state’s highest court ruled, citing a federal law that sharply limits the ability to sue over emergency medical procedures.
Indiana town wins lawsuit claiming police dog bit the wrong man
INDIANAPOLIS (Legal Newsline) - A food delivery man who was bitten after a police officer released a dog to chase a fleeing suspect has no case against the town, an Indiana appeals court ruled, citing broad immunity granted to law enforcement under state law.
Doctors, pediatric association face lawsuits over gender transition therapy
PROVIDENCE, R.I. (Legal Newsline) - A Dallas law firm has filed the first of what it believes will be a wave of lawsuits over gender transition therapy, accusing doctors and the American Academy of Pediatrics of conspiring to mislead parents into allowing their minor children to be treated with hormones to suppress their sexual characteristics.
$12 million verdict over broken roof hatch reversed; Mall owner not to blame
LOS ANGELES (Legal Newsline) - With narrow exceptions, property owners can’t be liable for injuries suffered by independent contractors working on their premises, a California appeals court ruled, reversing a $12.6 million jury verdict won by an electrical worker who was injured when a heavy roof hatch fell on him.
Louisiana Supreme Court finds $10M in asbestos case too much
NEW ORLEANS (Legal Newsline) - The Louisiana Supreme Court cut a $10.5 million jury verdict in an asbestos lawsuit in half, saying an analysis of whether a jury abused its discretion must include an examination of awards in similar cases.
No lawsuit for woman who went bottoms up on bottomless mimosas
RIVERSIDE, Calif. (Legal Newsline) - A woman who suffered paralyzing injuries after consuming a large amount of alcohol and plunging from a parking garage has no case against the owner of the structure, a California appeals court ruled, reversing a trial judge who said there were fact questions about whether private security guards should have protected her.
Press release hyping overdose drug not protected speech, Calif. court rules
RIVERSIDE, Calif. (Legal Newsline) - A company that issued news releases touting a new treatment for opioid overdoses can’t protect itself against lawsuits by citing a California law shielding statements of general public interest, an appeals court ruled.
Seyfarth Shaw entitled to $80K from 'difficult' professor who sued it
LOS ANGELES (Legal Newsline) A linguistics professor colleagues described as “difficult for virtually everyone to work with” must pay some $80,000 in fees to Seyfarth Shaw over a lawsuit she filed, then voluntarily dismissed, accusing the employment law firm of submitting a biased and defamatory report on discrimination claims she initiated.
Smoker can't sue law firms that worked with tobacco companies
HONOLULU (Legal Newsline) - A man who blames cigarette manufacturers for his throat cancer can’t sue law firms in state court in Hawaii over claims they conspired to mislead consumers there, the Hawaii Supreme Court ruled, although the theory of “conspiracy jurisdiction” might work given different facts.
Private lawyers extend losing streak on cases against streaming services
CHICAGO (Legal Newsline) - Private lawyers who thought they could make millions of dollars by representing municipalities seeking to impose new fees on streaming video services lost again as the Seventh Circuit Court of Appeals affirmed the dismissal of a proposed class action by East St. Louis, Ill.
Jurors in $7 billion case would be out to get us, BP and Shell tell U.S. Supreme Court
WASHINGTON (Legal Newsline) - BP and Shell have asked the U.S. Supreme Court to intervene in a lawsuit by a Louisiana parish over coastal flooding, saying they can’t get a fair trial in a place where any jurors know they have the opportunity to pump billions of dollars into their troubled local economy by ruling against the oil companies.
Ariz. court: No liability for failing to warn mother would drown twins
PHOENIX (Legal Newsline) - Reversing a decades-old precedent in a case involving a mother who murdered her twin boys, the Arizona Supreme Court said mental-health professionals can’t be held liable for failing to warn third parties about the risk of harm from a patient under their care.
Dan Tana's restaurant loses round one of trademark fight vs. Dantanna's
ATLANTA (Legal Newsline) - The legendary Hollywood celebrity eatery Dan Tana’s will have to keep fighting to protect its brand against a similar-sounding restaurant in Atlanta after a federal appeals court reversed a ruling by the U.S. Patent and Trademark Office canceling the Dantanna’s trademark for fraud.
Woman wins $110K in court for 'false arrest' after boss questions her about shoplifting
COLUMBIA, S.C. (Legal Newsline) - A store employee who was captured on video taking items she claimed she was planning to donate in charity Easter baskets gets to keep a $110,000 jury award for false imprisonment, a South Carolina appeals court ruled, rejecting the store’s argument the woman was merely questioned about the missing items and could have walked out any time.