John Breslin News

Wrongful death case against nursing home to be heard in Ala. court, not arbitration

By John Breslin | Aug 10, 2018

MONTGOMERY, Ala. (Legal Newsline) – A woman suing a nursing home company on behalf of her late mother has won one round of her action after the Alabama Supreme Court dismissed a motion to compel arbitration.

Employers in California must pay employees for time spent clocking out

By John Breslin | Aug 6, 2018

SAN FRANCISCO (Legal Newsline) – Employers in California must take into account when evaluating pay the time taken to perform certain tasks after clocking out, the state's Supreme Court has ruled.

Newegg must still face pricing lawsuit after Calif. appeals court ruling

By John Breslin | Aug 6, 2018

LOS ANGELES (Legal Newsline) – A false advertising claim against an electronics retailer can continue, a California appeals court has ruled.

Gathering set to discuss ways to stymie spread of nuisance lawsuits against agri-business

By John Breslin | Aug 2, 2018

RALEIGH, N.C. (Legal Newsline) - A major gathering of politicians and representatives of state agencies will convene Friday for a round table discussion on how to stymie the spread of nuisance lawsuits against agri-business companies and producers.

Vermont enacts toughest auto-renewal law in country, branded 'superfluous' by attorney

By John Breslin | Jul 31, 2018

MONTPELIER, Vt. (Legal Newsline) – Vermont has enacted the toughest law in the country related to the automatic renewal of goods and services, a move called "superfluous" by one attorney specializing in the field.

Bid to introduce cancer warnings on breakfast cereal packaging fails in California court

By John Breslin | Jul 25, 2018

LOS ANGELES (Legal Newsline) – A doctor's attempt to force cereal companies to display cancer warnings on the packaging of household name products sold in California has failed.

California ordered to immediately return subprime crisis money 'unlawfully diverted' to general fund

By John Breslin | Jul 25, 2018

SACRAMENTO, Calif. (Legal Newsline) – California must immediately return more than $300 million transferred to the state's general fund from its share of billions of dollars paid by the country's largest mortgage services companies for their alleged roles in the subprime mess.

Appeals court dismisses call for California consumers to be reimbursed sales tax on Ensure

By John Breslin | Jul 24, 2018

SAN FRANCISCO (Legal Newsline) – A California appeals court has dismissed an action over claims that consumers were wrongly charged sales tax on a line of nutritional drink products.

Med-mal claim against Tempe hospital to proceed after settlement with surgeon

By John Breslin | Jul 24, 2018

PHOENIX (Legal Newsline) – Three patients who claimed negligence by a doctor during surgery can continue their independent claim against the hospital where the procedure took place, the Arizona Supreme Court has ruled.

New, strong Calif. data privacy act 'moves the needle' and could inspire other states

By John Breslin | Jul 24, 2018

SACRAMENTO, Calif. (Legal Newsline) – California's new Consumer Privacy Act will affect businesses as it introduces a limited private right of action and other penalties for violations.

Conn. ruling could be 'death knell' for class action plaintiffs suing over 'spring water' claims

By John Breslin | Jul 24, 2018

BRIDGEPORT, Conn. (Legal Newsline) – A lawsuit claiming Nestle bottled water produced and distributed as "100 percent spring water" is a fraud has been dismissed by a court because federal law preempts any action citing state statutes.

Alaska Supreme Court affirms decision to terminate man's employment over statements of threatening harm

By John Breslin | Jul 22, 2018

ANCHORAGE, Alaska (Legal Newsline) – An employee of a municipal government in Alaska has failed in a bid to reverse his firing over allegedly making statements co-workers interpreted as threats.

Climate change activists allowed to use 'necessity' defense after Minn. Supreme Court declines to hear appeal by state

By John Breslin | Jul 22, 2018

ST. PAUL, Minn. (Legal Newsline) – Climate change activists in Minnesota will be able to mount a defense that their actions were justified because they were designed to prevent a worse harm.

Law firm asks Calif. court to order journalist's deposition and documents in legal row with mining company

By John Breslin | Jul 19, 2018

SAN FRANCISCO (Legal Newsline) – As fraud investigators in the United Kingdom continue their probe into the alleged murky dealings in Africa of a mining company, a federal court is being asked to subpeona a California reporter.

District courts divided on whether landmark BMS decision applies to class actions; SCOTUS likely to decide

By John Breslin | Jul 16, 2018

WASHINGTON (Legal Newsline) - Federal district courts are divided on whether a landmark U.S. Supreme Court decision on personal jurisdiction is applicable to class actions.

Woman loses slip-and-fall case after slip in grocery store while wearing high heels

By John Breslin | Jul 6, 2018

LOS ANGELES (Legal Newsline) – A California appeals court has affirmed a lower court's ruling in favor of a supermarket chain and against a customer who fell in one of its stores.

Calif. court grants judgment to AHMC Health Care in workers' timesheet case

By John Breslin | Jul 6, 2018

LOS ANGELES (Legal Newsline) – The Los Angeles Superior Court should have summarily decided on a wage dispute case between a health care company and its employees, a California appellate court ruled June 25.

Moofly Productions, attorney escape further sanctions in long-running copyright infringement case

By John Breslin | Jul 6, 2018

LOS ANGELES (Legal Newsline) – A production company and its attorney have successfully appealed against sanctions imposed over the filing of a motion in a copyright infringement case.

California court orders new trial on former AutoZone worker's sexual harassment claims

By John Breslin | Jul 6, 2018

RIVERSIDE, Calif. (Legal Newsline) – A woman who claimed she was sexually harassed while working as an employee with a major auto parts company has been granted a new trial by a California appeals court.

Former L.A. fire captain can lose pension benefits following felony conviction but deserves hearing, court rules

By John Breslin | Jul 6, 2018

LOS ANGELES (Legal Newsline) – A former Los Angeles fire captain convicted of running an illegal gambling operation could still lose part of his pension following a California appeals court ruling.

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