John Breslin News
Litigation funding not subject to Georgia's interest rate laws, state Supreme Court rules
ATLANTA (Legal Newsline) - Funding provided to plaintiffs while their lawsuit is pending is not a loan under Georgia law, the state's Supreme Court ruled Monday, and therefore regulations setting maximum interest rates that can be charged won't apply.
Focus switches to climate activist pastor allowed to present 'necessity defense'
BAGLEY, Minn. (Legal Newsline) - After the dramatic dismissal of charges against climate activists who had planned to argue "necessity defense" before a jury, the focus is now likely to turn to the north west and the trial of an elderly pastor accused of blocking a coal train.
N.D. county turns down meeting with opioid lawyers, favors state AG taking lead
A North Dakota county recently declined to pursue a lawsuit against opioid manufacturers, turning down a request for a meeting from five heavyweight law firms based from Texas to Washington D.C.
'Novel' talc lawsuit rejected by Third Circuit; No injury alleged but buyer's remorse
PHILADELPHIA - A woman has no right to damages for buying talc-based baby powder and then regretting the decision because she learned later of an alleged link with ovarian cancer.
Report details how Bloomberg, NYU influence environmental policy at state level
NEW YORK (Legal Newsline) - A program placing environmental advocates in state offices - while paying their salaries - has drawn criticism, though the New York law center running it defends it as legal and transparent.
Ohio Supreme Court: Medical malpractice suit against Cleveland Clinic barred by statute of limitations
COLUMBUS, Ohio (Legal Newsline) – A medical malpractice suit originally filed in federal court in Indiana is barred by the statute of limitations from being pursued in Ohio, Ohio's Supreme Court has ruled.
Estate claims woman with sordid past drained millionaire's bank account before death, wins summary judgment
RALEIGH, N.C. (Legal Newsline) – A woman with a criminal record and many aliases has lost her appeal against a partial summary judgment in a suit filed by the administrator of the estate of a one-time millionaire.
North Carolina court remands malpractice case back to trial court, says plaintiff's expert wrongfully disqualified
RALEIGH, N.C. (Legal Newsline) – An appeals court has reversed a summary judgment in favor of a hospital in a suit over allegations of medical malpractice and wrongful death.
Legal malpractice case filed by doctor revived following New Hampshire ruling
CONCORD, N.H. (Legal Newsline) – A legal malpractice claim against a New Hampshire law firm has been revived after the state's Supreme Court reversed an earlier ruling.
NYC Bar: Lawyers shouldn't split fees with litigation funders
New York City's bar association has decided that it is unethical for lawyers to enter into agreements with companies that finance lawsuits in exchange for a percentage of the recovery.
Citing 'character assassinations' of witnesses, Goodyear asks for new trial in $40 million asbestos case
NEW YORK (Legal Newsline) – A lawyer for Goodyear Tire & Rubber Co., which was ordered by pay $40.1 million to a man who claimed he developed mesothelioma following exposure to asbestos, is asking a judge for a new trial.
Wrongful death case against nursing home to be heard in Ala. court, not arbitration
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
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
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
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
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
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
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
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
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.