Daniel Fisher News
Hotel not liable for murdered man in roommate's bed
TRENTON, N.J. (Legal Newsline) - A man who discovered a murdered coworker in the bed next to him can’t win money from Wyndham Hotels for his emotional suffering, a New Jersey court ruled, upholding the dismissal of a lawsuit stemming from a bizarre incident involving transient utility workers.
Company not responsible after customer crushed between its wall and a U-Haul van
LANSING, Mich. (Legal Newsline) - True Value still isn’t liable for a tragic accident where a U-Haul van crushed a customer against a wall, a Michigan appeals court ruled, despite a landmark decision by the state’s highest court making it harder for property owners to defend claims over “open and obvious” risks.
After burying the wrong woman, funeral home may face lawsuit
TRENTON, N.J. (Legal Newsline) - A New Jersey funeral home may have to defend itself in a lawsuit after misplacing a woman’s body, an error discovered only after the grieving widower saw a video image of another woman wearing his late wife’s jewelry and clothing on the day she was supposed to be entombed.
Realtor/candidate can sue Nebraska Republicans over fliers during primary, court rules
LINCOLN, Neb. (Legal Newsline) - A real estate agent who was targeted by the Nebraska Republican Party with fliers accusing her of breaking the law when she entered a contested primary election can sue the party for defamation, the Nebraska Supreme Court ruled.
Lawsuit struck against doctor who delayed antivenom for snakebite victim
AUSTIN, Texas (Legal Newsline) - Parents who wanted $1 million in compensation for the suffering of their daughter after she was bitten by a rattlesnake have no case against the emergency-room doctor who refused to immediately administer antivenom, the Texas Supreme Court ruled.
FirstEnergy bribery suspect facing seizure of $8 million
COLUMBUS, Ohio (Legal Newsline) - A man accused of accepting a multimillion-dollar bribe from FirstEnergy in a scheme that also sent the former speaker of the Ohio House of Representatives to jail may face the seizure of $8 million after the Ohio Supreme Court reversed an appellate ruling striking down a court order attaching his assets.
Court lets private school expel students over 'woke' complaints from their parents
RALEIGH, N.C. (Legal Newsline) - A Charlotte, N.C. private school was within its rights to expel the children of parents who accused the school of advancing “woke” ideology and pursuing diversity at the expense of academic performance, a North Carolina appeals court ruled.
A deal is a deal: Lawyers get their contingency fees from wrongful death suit
SPRINGFIELD, Mo. (Legal Newsline) - A mother whose lawyers negotiated a $2.5 million settlement over the death of her son lost her bid to prevent lawyers hired by her grandchildren to get a piece of the fees after a Missouri appeals court ruled contingency-fee contracts awarding more than a third of the money to attorneys were valid.
Doctor's failure to answer phone wins wrongful-death plaintiff a new trial
WARREN, Ohio (Legal Newsline) - An Ohio court wrongly dismissed a lawsuit over a 79-year-old woman’s death from heart failure, an appeals court ruled, giving plaintiffs another chance to convince a jury the woman’s cardiologist was to blame because he didn’t immediately answer pages and phone calls.
Delaware loses some claims against oil companies but can proceed with disinformation lawsuit
WILMINGTON, Del. (Legal Newsline) - Delaware has presented enough evidence to proceed with its lawsuit accusing BP, ExxonMobil and several other oil companies of misleading consumers about the dangers of global warming, although it can’t sue over damages stemming from out-of-state emissions, a state court judge ruled.
Phoenix may have to pay for police officer's COVID death
PHOENIX (Legal Newsline) - The City of Phoenix has to defend itself against claims by the widow of a police officer that he contracted a fatal case of COVID-19 at work, an appeals court ruled, reversing an administrative ruling that denied benefits for lack of evidence.
Beer run by frat member not the cause of 4-year-old's death, court rules
FRANKFORT, KY. (Legal Newsline) - A Kentucky court was correct to dismiss a lawsuit against a college student who participated in his fraternity’s beer run the day before another frat member struck and killed a little boy with his car, an appeals court ruled.
Rape ruling: Washington State Univ. had no duty to protect student off-campus
OLYMPIA, Wash. (Legal Newsline) - Washington State University had no legal duty to protect a freshman from being raped by a fellow student at an off-campus party, the Washington Supreme Court ruled, rejecting the plaintiff’s argument the school’s “special relationship” with students should extend past the campus borders.
Texas can thank Republicans for home-court advantage in Google antitrust trial
AUSTIN, Texas (Legal Newsline) - A three-word change to federal law pushed by Republicans in Congress has ensured that the State of Texas will be in friendly territory when it faces off against Google in a multistate antitrust case scheduled to begin trial next year.
No study, no problem: Court allows experts to link any cancer to diesel exhaust
SAN DIEGO (Legal Newsline) - There’s no need for expert witnesses to point to a specific study showing a substance causes a disease as long as they have a reasonable basis for believing the two are connected, a California appeals court ruled, reversing a trial judge’s disqualification of experts who linked diesel exhaust to blood cancer.
Time limit on Ohio med-mal cases applies to wrongful death claims, split decision says
COLUMBUS, Ohio (Legal Newsline) - A four-year time limit on filing lawsuits over “medical claims” includes wrongful-death claims based on medical malpractice, the Ohio Supreme Court ruled in a decision opposed by trial lawyers and three of the court’s justices.
Attorney-client privilege protects emails on client's work server, Oregon court rules
SALEM, Ore. (Legal Newsline) - A man who communicated with his lawyers on his company email system and left the messages behind after he left can claim the attorney-client privilege, the Oregon Supreme Court ruled, rejecting arguments the privilege was waived because his employer could read the emails.
Bright yellow padding no barrier to trial over skier's death at Sun Valley
BOISE, Idaho (Legal Newsline) - The famous Sun Valley ski resort must face a lawsuit by the widow of a man who died after crashing into a snowmaking machine on a beginner run, the Idaho Supreme Court said, ruling a jury must decide whether the padding met the standard for warnings.
Woman who blackmailed boss for $12M in Bitcoin and cars must pay up
LAS VEGAS (Legal Newsline) - A woman who blackmailed her former boss and lover into handing over $12 million worth of Bitcoin and valuables, including a Ferrari automobile, is subject to a multimillion-dollar default judgment after failing to show up in court, the Nevada Supreme Court ruled.
Delaware court revives opioid lawsuit against AmerisourceBergen directors
DOVER, Del. (Legal Newsline) - Delaware’s highest court revived a derivative lawsuit against the officers and directors of AmerisourceBergen, saying there was plenty of evidence to support a claim they either fostered “a culture of non-compliance” or ignored “a tidal wave of red flags” suggesting it was distributing millions of suspicious orders for opioid pills.