Elizabeth Alt News

Court denies Carrington Tea’s motion to dismiss injunctive relief claim over coconut oil

By Elizabeth Alt | Jun 15, 2018

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

By Elizabeth Alt | Jun 15, 2018

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

By Elizabeth Alt | Jun 15, 2018

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

By Elizabeth Alt | Jun 14, 2018

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.”

John Deere wins case filed by fired manager; Iowa civil rights law can't extend to China

By Elizabeth Alt | May 30, 2018

DES MOINES, Iowa (Legal Newsline) – The Iowa Supreme Court stated that the Iowa Civil Rights Act cannot extend extraterritorially on May 18, granting summary judgment to Deere & Co. in a former manager’s lawsuit claiming civil rights violations under the Iowa Civil Rights Act after he was fired.

Three state AGs support climate change cases after 15 colleagues did the opposite

By Elizabeth Alt | May 9, 2018

SAN FRANCISCO (Legal Newsline) – California, New Jersey and Washington have filed a brief to support Oakland and San Francisco’s suits claiming big oil companies need to be held responsible for their part in global warming.

Adding more plaintiffs a ruse to 'shore up holes' in class action, maker of Mike & Ikes says

By Elizabeth Alt | May 9, 2018

Just Born, Inc., maker of Mike & Ike candies, has filed a motion to oppose a man’s request to add more class members to his lawsuit alleging the candies have illegal slack fill, claiming the company will be prejudiced by the amendment made one week before his class action deadline.

Environmental groups challenge judge's jurisdiction order in dispute over ACF Basin

By Elizabeth Alt | May 9, 2018

WASHINGTON (Legal Newsline) – Several environmental groups have filed a motion to reconsider the U.S. District for the District of Columbia’s order to transfer to Georgia their lawsuit alleging the U.S. Army Corps of Engineers violated environmental policies that affect water supplies in the Apalachicola Chattahoochee-Flint River Basin.

Climate change activists charged with shutting down pipeline can present 'necessity defense'

By Elizabeth Alt | May 7, 2018

ST. PAUL, Minn. (Legal Newsline) – The Minnesota Court of Appeals dismissed the state of Minnesota’s appeal to allow climate activists charged for shutting down a petroleum pipeline the chance to present evidence to explain their actions.

Wash. SC rules statutory costs should be included in arbitration case; Dissent says no 'ordinary person' could understand the decision

By Elizabeth Alt | Apr 24, 2018

OLYMPIA, Wash. (Legal Newsline) – The Washington Supreme Court answered whether statutory costs should be included when comparing awards according to the Mandatory Arbitration Rule.

New York Court of Appeals reverses lower court ruling in comparable fault suit

By Elizabeth Alt | Apr 24, 2018

ALBANY, N.Y. (Legal Newsline) – In a 4-3 split on April 3, the New York Court of Appeals reversed a decision from the Supreme Court of New York in what it called a perplexing issue of comparative fault in a suit by a former New York City worker who was permanently disabled while on the job.

Missouri Supreme Court says wrongful death suit against doctors filed after statute of limitations

By Elizabeth Alt | Apr 24, 2018

JEFFERSON CITY, Mo. (Legal Newsline) – Doctors entangled in a wrongful death suit were granted their request for the Missouri Supreme Court to grant a writ of prohibition that would prevent a circuit court from taking any action besides dismissing the suit against them “as barred by the statute of limitations.”

Maryland's highest court upholds cap on damages to family of murdered inmate

By Elizabeth Alt | Apr 24, 2018

ANNAPOLIS, Md. (Legal Newsline) – A Maryland court has upheld rulings that the damages awarded to the family of a man who was killed on a prison transport bus should be capped.

Apple files motion to dismiss lawsuit over allegedly defective Powerbeats headphones

By Elizabeth Alt | Apr 16, 2018

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

By Elizabeth Alt | Apr 10, 2018

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

By Elizabeth Alt | Apr 10, 2018

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

By Elizabeth Alt | Apr 9, 2018

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

By Elizabeth Alt | Mar 28, 2018

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

By Elizabeth Alt | Mar 27, 2018

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

By Elizabeth Alt | Mar 13, 2018

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.

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