Elizabeth Alt News
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.
Alaska Supreme Court affirms ruling in car accident case involving Peter Pan Seafood
ANCHORAGE, Alaska (Legal Newsline) – The Alaska Supreme Court has affirmed a ruling after a plaintiff claimed she beat the offer of judgment by the defendant sea food company and alleged that the Superior Court wrongly excluded costs for her award.
Doctors can keep apologizing after death without fear of lawsuit in Ohio
COLUMBUS, Ohio (Legal Newsline) – Doctors and other health care professionals will continue to be able to express sympathy without the threat of persecution after the Ohio Supreme Court’s recent ruling in Stewart v. Vivian.
Seventh Circuit: EEOC is wrong, man's 'multi-month absence' beyond reasonable accommodation under ADA
CHICAGO (Legal Newsline) – The U.S. Court of Appeals for the Seventh Circuit has denied an appeal by a worker who claimed his former employer, Heartland Woodcraft Inc., violated the Americans with Disabilities Act when it terminated him after a back surgery left him unable to return to work for several months.
Judge says reasonable consumer could be fooled by slack fill in Hot Tamales, Mike and Ike's
JEFFERSON CITY, Mo. (Legal Newsline) – Candy company Just Born Inc.’s attempt to dismiss a lawsuit over slack-fill techniques was denied by the U.S. District Court for the Western District of Missouri, Central Division on July 21.
Former 49ers cheerleader appeals loss in wage conspiracy lawsuit against NFL
SAN FRANCISCO (Legal Newsline) – A former San Francisco 49ers cheerleader identified in court papers as Kelsey K. is appealing the U.S. District Court for the Northern District of California’s order to dismiss her case against the National Football League.
District court partially denies MGM's motion to dismiss gift card suit
SEATTLE (Legal Newsline) – U.S. District Court for the Western District of Washington has rejected in part MGM’s motion to dismiss a lawsuit over gift card fees.
Brooks Bros. seeks dismissal of suit over security breach, alleges plaintiff has no 'viable claim'
LOS ANGELES (Legal Newsline) – On Aug. 30, Brooks Bros. filed a motion to dismiss a class action lawsuit filed in June that alleged the New York-based clothing retailer had compromised private customer information, including credit cards, during a security breach.
Unique Beverage again seeks dismissal of coconut class action, says allowing plaintiff to amend would be futile
PORTLAND, Ore. (Legal Newsline) – Washington-based Unique Beverage Co. has filed a motion to dismiss a second amended class action complaint against it over the company's Cascade Ice sparkling water.
Mo. court doesn't dismiss lawsuit over amount of Reese's Pieces, Whoppers in packaging
KANSAS CITY, Mo. (Legal Newsline) – On May 16, the U.S District Court for the Western Division of Missouri denied a second motion made by Hershey to dismiss a lawsuit filed by a consumer who claimed that he purchased candy boxes that were as much as 41 percent empty.
Ala. nursing assistant who alleged she contracted scabies on the job will get another try for Workers' Comp
MONTGOMERY, Ala. (Legal Newsline) – On July 21, the Alabama Court of Civil Appeals reversed a trial court’s decision in favor of a health center after a certified nursing assistant sued for Workers' Compensation, alleging she contracted scabies from an outbreak in the facility.
Federal appeals court rules Surface Transportation Board exceeded authority
ST. LOUIS (Legal Newsline) – The U.S. Court of Appeals for the Eight Circuit ruled that the Surface Transportation Board has exceeded its authority to define on-time performance of railway companies.