Top News

Despite delay, fiduciary rule 'already causing great harm'

Jessica Karmasek May 12, 2017, 9:18am

Last month, the U.S. Department of Labor released a measure officially delaying the implementation of the rule and its related exemptions by 60 days. The applicability date is now June 9. Some argue a longer delay is necessary, while others contend the U.S. Securities and Exchange Commission should step in and craft a better rule.

Michigan woman sues Fox, Reese Witherspoon over alleged ‘implanted hate’ of Jews in 'Water for Elephants'

Jessica Karmasek May 8, 2017, 10:00am

Plaintiff Sarah Deming filed her nine-page complaint in the U.S. District Court for the Eastern District of Michigan, Southern Division, April 22. Los Angeles-based Fox Entertainment Group Inc. produced and distributed Water for Elephants, which was based on the novel of the same name.

Calif. appeals court upholds cap-and-trade program under state’s global warming law, says it’s not a tax

Jessica Karmasek May 5, 2017, 10:28am

In 2006, the state Legislature passed and then-Gov. Arnold Schwarzenegger signed the California Global Warming Solutions Act, which requires that covered entities reduce greenhouse gas, or GHG, emissions to 1990 levels by the year 2020. The California Chamber of Commerce and Morning Star Packing Company were among those who sued the State Air Resources Board over a cap-and-trade aspect of the law.

California SC: Provision in predispute arbitration agreement ‘contrary’ to public policy

Jessica Karmasek May 4, 2017, 4:09pm

In 2011, plaintiff Sharon McGill filed a class action lawsuit against Citibank N.A. based on its marketing of a “credit protector” plan and the handling of a claim. Pursuant to an arbitration provision, Citibank petitioned to compel McGill to arbitrate her claims on an individual basis.

Shareholder derivative lawsuit filed against Tesla board of directors

Jessica Karmasek May 2, 2017, 1:20pm

The plaintiffs allege, according to a motion for permission to file under seal, violations of federal securities laws and state laws.

Miss. AG, with the help of outside attorneys, sues pharma companies over allegedly unapproved drugs

Jessica Karmasek May 2, 2017, 9:07am

Attorney General Jim Hood filed six separate lawsuits against the defendant companies in Hinds County Chancery Court last month. The companies have since asked the lawsuits to be removed to federal court, arguing the attorney general’s complaints require the determination of issues of federal law.

Wash. state appeals court finds for veterinarian in lawsuit brought over dog’s euthanization

Jessica Karmasek May 1, 2017, 4:38pm

The Washington State Court of Appeals, Division 3, in its slip opinion published March 21, affirmed the denial of the dog owner’s emotional distress damages.

Wash. state appeals court mostly affirms ruling in class action against armored vehicle company

Jessica Karmasek May 1, 2017, 11:15am

However, in its March decision, the Washington State Court of Appeals, Division 1, reversed a trial court’s award of double damages for meal period violations and its award of prejudgment interest on rest break damages.

Arizona governor OKs changes to state disabilities law, giving businesses more time to address violations

Jessica Karmasek Apr. 28, 2017, 11:49am

Gov. Doug Ducey, a Republican, signed the legislation, Senate Bill 1406, last week. The amendment to the Arizonans with Disabilities Act will allow businesses up to 90 days to fix access violations before a lawsuit can be filed. The amendment originally had included a 30-day compliance period.

Kentucky SC again takes up case over slip and fall in Speedway parking lot, this time reverses appeals court

Jessica Karmasek Apr. 24, 2017, 4:23pm

The Kentucky Supreme Court, in a ruling last month, said the state Court of Appeals read and applied past high court decisions too narrowly. The appeals court had reversed and remanded for entry of a defense judgment, invoking the common law’s “open and obvious” doctrine.

Calif. appeals court upholds judgment of more than $5.8 million against brakes manufacturer

Jessica Karmasek Apr. 24, 2017, 12:10pm

Defendant Honeywell International Inc. appealed the judgment awarded to the spouse and three surviving children of James Lester Phillips. A jury found the mesothelioma contracted by Phillips was caused in part by exposure to asbestos contained in Bendix-brand brakes. Honeywell, formerly known as Allied Corporation and Allied Signal Inc., bought Bendix in 1985.

Former MLS player alleges attorneys botched medical malpractice lawsuit against DC United

Jessica Karmasek Apr. 19, 2017, 5:04pm

Plaintiff Bryan Namoff, a former DC United defenseman, filed a complaint for damages in the U.S. District Court for the District of Columbia April 4. He seeks to recover more than $126,000 in costs he paid to attorneys Steven Shapiro and Joseph Cammarata, in addition to punitive damages.

Second public comment period on DOL’s fiduciary rule ends; some groups say more time is needed for review

Jessica Karmasek Apr. 18, 2017, 1:26pm

The U.S. Department of Labor’s controversial new rule mandates financial professionals who service individual retirement accounts, including IRAs and 401(k) plans, to serve the “best interest” of the savers and disclose conflicts of interest.

Lenders: Alabama task force was unfair, created by governor as distraction from scandal

Jessica Karmasek Apr. 18, 2017, 8:03am

Now former Gov. Robert Bentley, a Republican who resigned last week amid scandal, issued a directive last June ordering the creation of the Alabama Consumer Credit Task Force.

Alaska SC says company looking to make outdoors smartphone entitled to nominal damages

Jessica Karmasek Apr. 17, 2017, 2:27pm

The state’s high court, in a ruling last month, concluded the state’s Third District Superior Court erred in granting defendant Trimble Navigation Limited a judgment notwithstanding the verdict but said the lower court was correct in concluding that plaintiff Recreational Data Services Inc. failed to prove any amount of lost profits to a reasonable certainty.

Utah-based trucking company continues to fight class action lawsuit filed over alleged fraud

Jessica Karmasek Apr. 12, 2017, 1:02pm

The suit, originally filed in 2011, alleges C.R. England Inc. fraudulently induced thousands of drivers to enroll in its training schools by promising them either employment or the ability to earn desirable income as independent contractors, even though positions with the company were largely unavailable.

Ohio-based attorney alleges prominent class action firm Hagens Berman breached employment contract, defamed him

Jessica Karmasek Apr. 12, 2017, 11:37am

Last month, an Ohio federal judge ruled that the lawsuit filed by attorney Van Carter against Seattle-based Hagens Berman Sobol Shapiro LLP may continue, but in a Washington state federal court.

DOL releases measure to officially delay April applicability date of its fiduciary rule

Jessica Karmasek Apr. 10, 2017, 10:24am

The applicability date of the rule and related exemptions will be extended from April 10 to June 9, the U.S. Department of Labor announced last week.

Environmental group’s lawsuit over federal commission’s review process dismissed

Jessica Karmasek Apr. 3, 2017, 4:36pm

In her decision last month, Judge Tanya S. Chutkan for the U.S. District Court for the District of Columbia refused to side with plaintiff Delaware Riverkeeper Network. DRN sued the Federal Energy Regulatory Commission over allegations that the commission’s review process is “constitutionally deficient.”

Illinois judges: Racketeering lawsuits against asbestos lawyers belong elsewhere

Jessica Karmasek Mar. 31, 2017, 10:06am

Judges Amy St. Eve and John J. Tharp Jr., both of whom sit on the U.S. District Court for the Northern District of Illinois, Eastern Division, each filed orders March 23 in John Crane Inc.’s lawsuits against Dallas asbestos firm Simon Greenstone Panatier Bartlett PC and Philadelphia-based Shein Law Center.