Nathan Bass News
Va. SC addresses statute of limitations in asbestos case
RICHMOND, Virg. (Legal Newsline) - On a certified question of law from the U.S. Court of Appeals for the Third Circuit, the Virginia Supreme Court held that a cause of action due to latent mesothelioma accrues "upon the first communication of a diagnosis of an asbestos-related injury or disease by a physician."
Va. SC reverses, remands $17M asbestos case
RICHMOND, Virg. (Legal Newsline) - The Virginia Supreme Court has reversed and remanded a case in which a jury awarded over $17 million dollars to the estate of a shipyard worker who died from mesothelioma.
Frat insurer must pay for fight injuries, Ala. SC rules
MONTGOMERY, Ala. (Legal Newsline) - An insurance company for a University of South Alabama fraternity has to cover damages to the plaintiff who filed suit against the fraternity and two of its officers due to injuries he obtained in a fight at the fraternity house.
Ford gets victory in products liability suit
RICHMOND, Va. (Legal Newsline) - Ford Motor Company won a major victory in a products liability lawsuit when the Virginia Supreme Court confirmed the circuit court's order granting a motion in limine that excluded evidence thought critical to the plaintiff's case.
D.C. court reverses, remands slip-and-fall 'trespasser' case
WASHINGTON, D.C. (Legal Newsline) - A trial court's award of summary judgment to a property owner based upon the classification of the plaintiff as a trespasser in a "slip and fall" case was reversed and remanded by the D.C. Court of Appeal on January 3.
Calif. SC says bumper car operator not to blame for injuries
SAN FRANCISCO (Legal Newsline) - The California Supreme Court found that a bumper car operator was not liable for injuries sustained by a rider because the rider had assumed the risk of injury when she chose to engage in the activity.
Ill. SC rules railroad had no legal duty to train jumper
SPRINGFIELD, Ill. (Legal Newsline) - The Illinois Supreme Court has reversed the judgment of the circuit and appellate courts before it in a case where the jury found a railroad company had a legal duty to a 12-year-old trespasser who was injured while attempting to jump on a moving train.
Ala. SC dismisses appeal in car wreck case
MONTGOMERY, Ala. (Legal Newsline) - The Alabama Supreme Court has dismissed an appeal of a circuit court's order in an automobile accident case because the circuit court did not have jurisdiction on the matter that the order concerned.
Del. SC upholds dismissal of serial plaintiff's suit
DOVER, Del. (Legal Newsline) - The Delaware Supreme Court has upheld the dismissal with prejudice of a plaintiff's lawsuit due to her repeated refusal to comply with the discovery requests of the married couple she sued.
Hedge fund wins, loses in Celera case
DOVER, Del. (Legal Newsline) - A hedge fund that owned stock in health care company Celera has lost in its effort to have the New Orleans Employees' Retirement System decertified as class representative in a class action suit against the company but prevailed in its attempt to opt out of the settlement agreement.
W.Va. judge loses discrimination argument
RICHMOND, Va. - An administrative law judge who alleged his suspension for making false entries on time sheets was because of his race and age has failed on his appeal to the U.S. Court of Appeals for the Fourth Circuit.
Neveda SC tightens 'open and obvious danger' doctrine
CARSON CITY, Nev. (Legal Newsline) - The Nevada Supreme Court overruled a trial court's grant of summary judgment to Costco in the case of a man who alleged injuries from tripping and falling over a pallet placed in a store aisle.
Wash. SC votes 5-4 on 90-day pre-suit malpractice notice
OLYMPIA, Wash. (Legal Newsline) - In a malpractice case against a state hospital, a divided Washington State Supreme Court appeared to reverse precedent, finding the 90-day pre-suit notice required in malpractice actions against the state to be constitutional.
S.D. SC says wife can't collect on arson claim
PIERRE, S.D. (Legal Newsline) - The South Dakota Supreme Court has affirmed that an "innocent insured" cannot collect her share of an insurance claim due to the conviction of her co-insured husband in connection with the arson of their business.
Immigrant wants to appeal guilty plea after learning of deportation consequences
DENVER (Legal Newsline) - A legal permanent resident living in Colorado may not seek post-conviction review of his guilty plea for felony possession with intent to distribute marijuana, but he can seek to withdraw the guilty plea through another legal procedure.
N.J. court affirms dismissal of asbestos case
TRENTON, N.J. (Legal Newsline) - A New Jersey court has affirmed the trial court's decision to dismiss a case with prejudice "as a consequence of plaintiff's pervasive lies" during the discovery process.
Calif. SC awards store owner attorney fees in disabilities lawsuit
SAN FRANCISCO (Legal Newsline) - A California store owner will collect attorney fees after prevailing in a lawsuit filed against him under various California access to individuals with disabilities laws.
Roche wants Accutane case reassigned
ATLANTIC CITY (Legal Newsline) - Attorneys for Roche Laboratories have filed a motion for recusal with Judge Carol E. Higbee of the Superior Court of New Jersey, Atlantic County Division, over which the Judge presides.
Md. SC rules for doctor in settlement case
ANNAPOLIS (Legal Newsline) - The Maryland Court of Appeals has affirmed a Court of Special Appeals decision to allow a physician to pursue contribution from the hospital where he performed treatment that led to an approximately $2.1 million dollar settlement against him.
Ga. SC returns work death case to appellate court
ATLANTA (Legal Newsline) - The Georgia Supreme Court has vacated the Court of Appeals judgment on a consolidated set of cases involving the death of a man in a construction accident and sent the cases back to the appellate court for proceedings consistent with its opinion.