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