David Hutton News

Phoney Lawsuits: Navient's RICO case against TCPA law firm to continue

By David Hutton | Jan 29, 2018

ALEXANDRIA, Va. (Legal Newsline) – Navient Solutions has successfully fended off a motion to dismiss its racketeering lawsuit against Krohn & Moss and others in the U.S. District Court for the Eastern District of Virginia’s Alexandria Division.

Montana Supreme Court upholds denial of ARCO's motion in restoration damage claim

By David Hutton | Jan 26, 2018

HELENA, Mont. (Legal Newsline) – The Montana Supreme Court has upheld a ruling against Atlantic Richfield Co. in a lawsuit over whether the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) bars a state law claim for restoration damages.

Sued by those it sued, Rent-a-Center wants class action sent to arbitration

By David Hutton | Jan 25, 2018

ST. LOUIS (Legal Newsline) – Rent-A-Center is asking a federal judge to send a class action lawsuit against it to arbitration.

California allows lawsuits against drug companies over generic versions they didn't make

By David Hutton | Jan 23, 2018

SAN FRANCISCO (Legal Newsline) – A split California Supreme Court has ruled drug maker Novartis can be liable warning labels on the generic version of a drug - even though it did not manufacture it.

After $7M verdict, new trial on damages ordered in former L.A. Times sports columnist's discrimination lawsuit

By David Hutton | Jan 23, 2018

LOS ANGELES (Legal Newsline) – A California appeals court has upheld a lower court’s ruling in a discrimination lawsuit against the Los Angeles Times by a longtime sports columnist.

DOJ punts on rulemaking, likely boosting ADA lawsuits and forcing judges to regulate

By David Hutton | Jan 23, 2018

WASHINGTON (Legal Newsline) - The Department of Justice has withdrawn proposed rules for accessible websites of public accommodations and state and local governments, in addition to non-fixed equipment and furnishings used in public places.

DOJ wants dismissal of lawsuit alleging uncertainty over Mulvaney's CFPB appointment

By David Hutton | Jan 18, 2018

WASHINGTON (Legal Newsline) – The Department of Justice (DOJ) continues to maintain that a New York credit union shouldn’t be able to file a lawsuit challenging President Donald Trump’s appointment of Mick Mulvaney as acting director of the Consumer Financial Protection Bureau (CFPB).

False Claims Act defendant challenges civil penalties as excessive before any amount determined

By David Hutton | Jan 18, 2018

RICHLAND, Wash. (Legal Newsline) – A False Claims Act lawsuit in Washington state could help defendants challenge excessive fine amounts early in the litigation process.

Federal judge joins others, says bankruptcy court not allowed to impose punitive sanctions

By David Hutton | Jan 17, 2018

BURLINGTON, Vt. (Legal Newsline) – A U.S. district court judge has overturned a bankruptcy court ruling that level $375,000 in punitive sanctions against PHH Mortgage Corp. in three Chapter 13 cases pending in the U.S. Bankruptcy Court for the District of Vermont.

Can a government official block a constituent from a Facebook page?

By David Hutton | Jan 16, 2018

RICHMOND, Va. (Legal Newsline) – As a panel of judges on the U.S. Court of Appeals for the Fourth Circuit prepares to consider the appeal in a case pitting a Loudoun County, Va., official and a frequent critic, the ACLU is stepping in.

California court rejects class certification in inflatable pool case against Rite Aid

By David Hutton | Dec 28, 2017

SAN FRANCISCO (Legal Newsline) – The California Court of Appeal 1st Appellate District, Division Four has let the air out of class certification of a lawsuit filed against Thrifty Payless Inc. over allegations that a swimming pool purchased at a Rite Aid store did not match the pictures on the packaging.

California appeals court upholds judgment in favor of children's hospital in wage dispute

By David Hutton | Dec 20, 2017

SAN DIEGO (Legal Newsline) – A California court of appeals has upheld a lower court’s ruling in a wage case against Rady Children’s Hospital in San Diego, affirming the order for summary judgment.

U-Haul loses appeal to compel arbitration in negligence case

By David Hutton | Dec 20, 2017

SAN DIEGO (Legal Newsline) – A California court of appeals has upheld a lower court's ruling against U-Haul, denying its motion to compel arbitration in a negligence lawsuit.

Audited company took too long to sue financial advisers, Calif. court rules

By David Hutton | Dec 20, 2017

SAN JOSE, Calif. (Legal Newsline) – A California appeals court has upheld a lower court's ruling in a case claiming negligent and fraudulent financial planning against Safemark and American General.

New Jersey court overturns decision in breach of contract case, states safeguards weren't followed

By David Hutton | Nov 30, 2017

TRENTON, N.J. (Legal Newsline) – The Appellate Division of the Superior Court of New Jersey has overturned a lower court’s ruling in a breach of contract case, saying a judge's sanction was imposed improperly.

Connecticut appellate court sides with law firm in battle over legal fees

By David Hutton | Nov 28, 2017

HARTFORD, Conn. (Legal Newsline) – The Connecticut Appellate Court has upheld a lower court’s ruling in favor of Monroe-based law firm Beck & Beck LLC that had filed a lawsuit against James T. Costello to recover unpaid legal fees.

Amplify Snacks seeks dismissal of class action, says plaintiff knew difference between sugar and evaporated cane juice

By David Hutton | Nov 14, 2017

BENTON, Ill. (Legal Newsline) – Attorneys for a snack food company are asking the U.S. District Court for the Southern District of Illinois to dismiss the case against one of two consumers who filed a class action lawsuit against the business over allegations of fraud and negligent misrepresentation.

Certification requested in class action over slack fill in Whoppers, Reese's Pieces

By David Hutton | Nov 14, 2017

KANSAS CITY, Mo. (Legal Newsline) – The plaintiff in a case against Hershey has asked the U.S District Court for the Western Division of Missouri to grant a request for class action certification.

Pringles wants to take crunch out of potato chip class action claim

By David Hutton | Nov 13, 2017

SAN DIEGO (Legal Newsline) – The makers of Pringles chips want the U.S. District Court for the Southern District of California to dismiss a class action lawsuit alleging they offered false advertisements of ingredients in a flavor of chips.

California appeals court grounds JetSuite’s taxation appeal

By David Hutton | Nov 2, 2017

LOS ANGELES (Legal Newsline) – The California Court of Appeal for the 2nd District has upheld a lower court’s ruling in favor of Los Angeles County in its court battle against JetSuite Inc. over personal property taxes.

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