Elizabeth Alt News
N.H. Supreme Court affirms $750,000 judgment against Applebee’s owner in salmonella lawsuit
CONCORD, N.H. (Legal Newsline) – The New Hampshire Supreme Court issued an opinion July 18 that a trial court and jury did not err in awarding a man $750,000 in his suit over allegations he contracted salmonella after eating at an Applebee’s restaurant.
Maryland court rules state's whistleblower law does not protect teachers in AP course case
ANNAPOLIS, Md. (Legal Newsline) – The Maryland Court of Appeals released an opinion July 12 in the case of a Montgomery County teacher who claims he was retaliated against after notifying the media that Advanced Placement (AP) students were allegedly being given credit for taking non-AP courses.
Md. hospital free from $2.3M verdict over patient's suicide
ANNAPOLIS, Md. (Legal Newsline) – In an opinion published July 12, the Maryland Court of Appeals reversed a judgment against a hospital in a woman’s suit alleging her son committed suicide because the hospital and doctors released him early.
Texas Supreme Court rules city's single-use bag ban violates statute
AUSTIN (Legal Newsline) – On June 22, the Texas Supreme Court issued a ruling that affirmed the city of Laredo’s ordinance banning single-use plastic or paper bags by merchants violates a Texas statute, a ruling that could end the state-wide single-bag bans.
Okla. Supreme Court upholds $10 million wrongful death ruling against BNSF Railway; Train collided with man's vehicle in 2008
OKLAHOMA CITY (Legal Newsline) – The Oklahoma Supreme Court upheld a trial court judgment in a suit over wrongful death allegations after a man was killed when a BNSF train collided with his vehicle.
Ohio attorney suspended a second time on misconduct allegations
COLUMBUS, Ohio (Legal Newsline) – The Ohio Supreme Court affirmed a recommendation that Ohio attorney Debra Kay Horton be suspended for two years for allegedly violating professional code while working a minor’s personal injury case.
Judge slashes attorneys fees request in Krispy Kreme class action
An order was issued in the Superior Court Division in the General Court of Justice to grant the attorneys for former Krispy Kreme shareholders $150,000 in fees and denying the request for fees and costs associated with the litigation, noting that the attorneys are barred from recovering expenses according to state bar regulations.
New Jersey court affirms Workers' Comp liens apply in police officer’s med-mal suit
TRENTON, N.J. (Legal Newsline) – The New Jersey Superior Court, Appellate Division issued a ruling on June 20 standing behind a Superior Court of New Jersey Law Division ruling that a police officer who alleged medical malpractice after being injured on the job must pay a lien regardless of his award.
Minnesota Supreme Court rules trustee cannot sue over legal malpractice allegations in late man's estate
ST. PAUL, Minn. (Legal Newsline) – An appellate court decision was struck down by the Minnesota Supreme Court on June 27 over its finding that a trustee lacked standing to sue an attorney for legal malpractice during a deceased client’s estate-planning.
Massachusetts public housing owner liable for fall under Torts Claim Act, high court rules
BOSTON (Legal Newsline) – The Massachusetts Supreme Court affirmed a Superior Court ruling that the managers of a public housing apartment building cannot claim to be pubic employers to sidestep claims under the Torts Claim Act.
Employer can't be ordered to pay for medical marijuana, Maine SC rules; Dissent says workers could be pushed to opioids
The Maine Supreme Court has issued a ruling that a company cannot be required to pay for an injured employee's medical marijuana. The dissenting justices argued that this decision ignores what’s best for the injured worker.
Font in arbitration agreement good enough, despite not being in bold, Colo. SC rules
DENVER (Legal Newsline) – In a June 11 opinion, the Colorado Supreme Court ruled that arbitration agreements under the Health Care Availability Act can still be enforced even if they do not strictly follow the statute requirements for the language.
Michigan court upholds omission of Conyers III's name from ballot because of lack of valid signatures
LANSING, Mich. (Legal Newsline) – Michigan’s Court of Appeals issued a ruling on June 12 affirming the Wayne County Circuit Court's decision to deny John Conyers III’s petition for a court order that would put his name back in the running as a candidate for the 13th Congressional District.
Widower’s $20 million award affirmed by Mass. court; Car drove through convenience store, killing woman
BOSTON (Legal Newsline) – On June 6, the Massachusetts Court of Appeals affirmed an amended award of $20 million to the spouse of a woman instantly killed when a car crashed into a Cumberland Farms convenience store and struck her.
Iowa SC affirms public-duty doctrine bars county from liability in auto accident case; Dissent calls it 'confusing'
DES MOINES (Legal Newsline) – The Iowa Supreme Court upheld a district court ruling that the public-duty doctrine barred Humboldt County from liability for the injuries a passenger suffered when a car crashed into a concrete embankment put up by the landowner.
Retired California employees must pay back pension overpayment, court rules
SAN DIEGO (Legal Newsline) – The California 4th District Appellate Court, Division One affirmed a trial court decision that two retired officers must pay the San Diego City Employees’ Retirement System more than $30,000 combined, finding that the overpayments had been a mistake, albeit a costly one for the former officers.
Court denies Carrington Tea’s motion to dismiss injunctive relief claim over coconut oil
SAN DIEGO (Legal Newsline) – The U.S. District Court for the Southern District of California issued an order denying Carrington Tea Co.’s motion to dismiss an amended claim for injunctive relief that claimed Carrington was misleading consumers into thinking its coconut oils were healthy.
Airline moves to dismiss lawsuit over $80 airline tax again in Florida court
MIAMI (Legal Newsline) – Attorneys for airline Insel International filed a motion to dismiss a man’s amended complaint over an airline tax, stating the amended complaint should still be dismissed for improper forum, lack of jurisdiction and failure to state a claim.
Class action plaintiff against Hertz told to arbitrate toll fee claims; Judge says 'reasonable person' should know they're bound to contract
SAN DIEGO (Legal Newsline) – A California court has granted Hertz Corp.’s motion to compel arbitration in a case over allegations that Hertz overcharged for a toll violation fee, noting that the plaintiff was bound by contract to arbitrate all claims.
Plaintiffs allowed to pursue injunctive relief in class action over 'natural' claims of Tradewind's tea
LOS ANGELES (Legal Newsline) – The U.S. District Court for the Central District Court of California granted two plaintiffs' motion to reconsider the court’s ruling to dismiss their claims for injunctive relief in their suit alleging Tradewinds Beverage Co. violated the False Advertising Law by claiming their ice tea beverages were “100 percent Natural.”