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Apple files motion to dismiss lawsuit over allegedly defective Powerbeats headphones

SAN FRANCISCO (Legal Newsline) – Apple has responded to a class action lawsuit with a motion to dismiss claims its Powerbeats headphones have a defective battery, arguing in the motion that the plaintiffs have no standing.

Kiss My Face: Stop letting class action plaintiffs try to fix their lawsuit

SAN FRANCISCO (Legal Newsline) – Attorneys for the cosmetics company Kiss My Face have asked the U.S. District Court for the Northern District of California to dismiss the complaint alleging its use of the term “natural” misleads customers, stating the plaintiffs have “largely disregarded” the court’s previous orders to amend their complaint.

Florida court dismisses suit over $80 airline tax, but allows plaintiff to amend claim

MIAMI (Legal Newsline) – The U.S. District Court for the Southern District of Florida has dismissed a lawsuit against an airline company over an $80 “exit fee” a customer claimed shouldn’t have been charged for his flight.

Workers can’t sue under California wage laws, Delaware Superior Court rules

WILMINGTON, Del. (Legal Newsline) – In a decision on March 13, the Delaware Superior Court dismissed a lawsuit against medical supply company CareFusion Solutions LLC brought by a class of former employees who claimed the company owed them overtime wages and cited California laws.

California court rules mortgage companies can be considered debt collectors under Rosenthal Act

SAN DIEGO (Legal Newsline) – On March 13, California’s 4th Appellate Court, Division One issued a ruling that reversed the San Diego County Superior Court's decision that favored a mortgage servicer, finding that mortgage companies can be considered debt collectors under the state's Rosenthal Fair Debt Collection Practices Act.

Whistleblowers need to report to SEC under new SCOTUS ruling

WASHINGTON (Legal Newsline) – Employers may find themselves in more federal court cases after the U.S. Supreme Court issued a decision in February ruling that whistleblowers are not protected under the anti-retaliation provision of the Dodd-Frank Act unless they file a complaint with the Securities and Exchange Commission.

Arizona Supreme Court 'troubled' by use of Restatement of Restitution in negligence case

PHOENIX (Legal Newsline) – On Feb. 8, the Supreme Court of Arizona answered certified questions from the U.S. Court of Appeals for the Ninth Circuit to clarify questions in a dispute among a car rental company, an insurance company and individuals injured in an accident.

Maryland's MTBE suit should be heard in federal court, Atlantic Richfield says

BALTIMORE (Legal Newsline) – On Feb. 14, Atlantic Richfield Co. filed a notice to remove a lawsuit against it and other petroleum manufacturers by the State of Maryland from the Baltimore Circuit Court to the U.S. District Court for the District of Maryland.

An 'onslaught' of lawsuits from the blind is happening; Blame both Obama's and Trump's DOJ

WASHINGTON (Legal Newsline) – The U.S. Department of Justice has yet to release long-promised clarifications on the Americans with Disabilities Act that would help judges handle lawsuits that claim businesses’ websites are not handicap-accessible - and the blame isn't on just one of the country's last two, very different presidents.

EEOC's case over trucker allegedly not hired because of service dog transferred

JACKSONVILLE, Fla. (Legal Newsline) – A Florida federal judge has denied CRST International’s motion to dismiss a man’s lawsuit alleging it did not hire him as a truck driver because he has a service dog to help cope with post-traumatic stress disorder and other mental health issues.

Calif. court doesn't dismiss TCPA case against children's hospital

SAN DIEGO, Calif. (Legal Newsline) – The counsel for Rady Children's Hospital-San Diego filed a joint motion to continue pretrial deadlines Feb. 2 in a case over allegedly harassing phone calls.

Del. SC refuses to twist established law on slip-and-falls during storms

WILMINGTON, Del. (Legal Newsline) – The Delaware Supreme Court affirmed a Superior Court decision on Jan. 8 that a gas station owned by Speedway LLC is not liable for a customer’s injuries that he sustained falling on ice while getting gas on its premises during an ice storm.

Second Circuit defers decision on credit card fee disclosure case until clarification from N.Y. high court

NEW YORK (Legal Newsline) – The U.S. Court of Appeals for the Second Circuit has sent the question of whether merchants who display credit card fees for customers still comply with state merchant laws to the New York Court of Appeals for certification.

Computer Sciences Corp. takes issue with Maryland's fraud claims

BALTIMORE (Legal Newsline) – Los Angeles-based Computer Sciences Corp. (CSC) has filed a motion to dismiss the lawsuit brought against it by the state of Maryland that claimed CSC deliberately misrepresented its capabilities in creating a new Medicaid computer system.

Oregon Attorney General ordered to rewrite ballot title on proposed bill to limit legislators' service

SALEM, Ore. (Legal Newsline) – The Supreme Court of Oregon has sent a proposed bill back Oregon Attorney General Ellen Rosenblum for modification after a resident filed a ballot title change for Initiative Petition 19 (IP 19). The man claimed that the title did not accurately describe the immediate impact if the bill passed, most notably that the state would impose an eight-year service time limit for legislators the first time.

N.H. Supreme Court rules insurance company not liable for living expenses in mold case

CONCORD, N.H. (Legal Newsline) – The New Hampshire Supreme Court ruled Nov. 15 that a couple who found mold in their home is not entitled to receive compensation from their insurance company for the expenses when they had to temporarily move out of the home.

Middle driver in three-car rear-ender avoids liability in Delaware decision

WILMINGTON, Del. (Legal Newsline) – The Delaware Superior Court has ruled that a man involved in a three-vehicle accident in Newark, Delaware, had not acted neglectfully when he hit a woman’s car after his own car was rear-ended.

DynCorp’s suit dismissed as Federal Court rules in favor of AAR

WASHINGTON (Legal Newsline) – On Oct. 31, the Court of Federal Claims (COFC) denied DynCorp International's motion for judgment and its amended motion in a case over a $10 billion government contract.

Lawsuits over this summer's Outer Banks power outage consolidated

RALEIGH, N.C. (Legal Newsline) – Chief Justice James C. Dever III of the U.S. District Court for the Eastern District of North Carolina has ordered plaintiffs in multiple lawsuits against a construction company to consolidate their lawsuits, which focus on damages and losses suffered by a power outage in July.

Florida Supreme Court states 5th District erred in applying 'rare' requirement for fees

TALLAHASSEE, Fla. (Legal Newsline) – The Florida Supreme Court has remanded a case filed by an elderly couple against their insurer back to the 5th District to reinstate an award of attorney's fees.