Nathan Bass News
Fourth Circuit remands case following decision by W.Va. SC
RICHMOND, Va. (Legal Newsline) -- The U.S. Court of Appeals for the Fourth Circuit has remanded an arbitration clause case back to the district court after receiving the state Supreme Court's response to a certified question.
Vermont SC rules against landlord in notice case
MONTPELIER, Vermont (Legal Newsline) - The Vermont Supreme Court found that because a landlord's notice of default was defective, the landlord was not entitled to rent accrued after the wrongful eviction.
Deputy can sue over phlegm-filled burger, Wash. SC rules
OLYMPIA, Wash. (Legal Newsline) - The Washington State Supreme Court says a deputy sheriff who alleges he was served a burger with phlegm inside the bun can proceed in his lawsuit against a Burger King even though he did not consume the burger and did not have physical injury.
Maryland SC answers questions about Ticketmaster charges
BALTIMORE, Maryland (Legal Newsline) - The Maryland Court of Appeals has answered four certified questions submitted by a U.S. district court regarding the service charge fees charged by ticket agencies.
R.I. man who hit own home with dump truck must pay insurance company
PROVIDENCE, R.I. (Legal Newsline) - The Rhode Island Supreme Court ruled that a man who ran into his own house in his own company's vehicle has to pay back his homeowners insurance company under the insurer's right of subrogation.
S.D. SC OKs issuance of air quality permit to refinery
PIERRE, S.D. (Legal Newsline) - The South Dakota Supreme Court affirmed the circuit court's ruling allowing the issuance of an air quality permit to Hyperion Refining LLC, enabling the company to begin construction on a petroleum refinery and power plant in Union County.
Fla. SC rules in subcontractor breach case
TALLAHASSEE, Fla. (Legal Newsline) - The Florida Supreme Court ruled that knowledge that a contractor or subcontractor does not hold the state required license to perform the construction work of the contract does not allow the unlicensed party to establish the defense that the parties stand in pari delicto - as equal wrongdoers.
Hawaii SC clarifies evidentiary standard in medmal case
HONOLULU (Legal Newsline) - The Hawaii Supreme Court issued a ruling in a medical malpractice case which clarified the evidentiary standard required for a defendant to be granted summary judgment.
Calif. SC says new wrong resets statute of limitations
SAN FRANCISCO - (Legal Newsline) - The California Supreme Court has ruled that actions under the Unfair Competition Law are subject to the common law rule of accrual which allows that when a new wrong is committed in a recurring wrong, the statute of limitations is reset for the prior wrongs committed.
Ariz. SC clarifies Prop 204 decisions
PHOENIX (Legal Newsline) - The Arizona Supreme Court has released a pair of opinions explaining decisions it made on two actions regarding the state's language describing Proposition 204, a tax initiative which was rejected by the people of Arizona in the November election.
Alaska SC rejects estate's appeal of insurance decision
ANCHORAGE, Alaska (Legal Newsline) - The Alaska Supreme Court rejected an appeal by the estate of a man who had turned down GEICO's offer to pay the policy limits, and it affirmed the trial court's decision denying insurance coverage to the deceased while awarding attorneys fees to the insurance company.
Court rules Obama's NLRB appointments unconstitutional
WASHINGTON D.C. (Legal Newsline) - In a major blow to President Obama, the United States Court of Appeals for the District of Columbia ruled Friday that the President's "intrasession appointment" of three new members to the National Labor Relations Board was an unconstitutional abuse of power.
Kansas SC rules against unhappy class action member
TOPEKA, Kan. (Legal Newsline) - Stan R. Boles, a dissatisfied class action member, lost on his objection to the class certification and class action settlement agreement negotiated with Anadarko Petroleum Corporation by the class representative.
7th Circuit upholds Wisconsin's Act 10
CHICAGO (Legal Newsline) - The Seventh Circuit Court of Appeals, on Friday, upheld Wisconsin Governor Scott Walker's Act 10 "in its entirety." The budget repair bill significantly altered the state's public employee labor laws.
Fla. SC answers questions about contract breach, deceptive trade practices
TALLAHASSEE, Fla. (Legal Newsline) - The Florida Supreme Court answered four certified questions regarding state law in a breach of contract and deceptive trade practices case before the Eleventh Circuit Court of Appeals.
Mo. SC denies American Airlines' $5M refund claim
JEFFERSON CITY, Missouri (Legal Newsline) - The Supreme Court of Missouri unanimously rejected American Airlines claim for a refund of over $5 million dollars in fuel tax from the Missouri Department of Revenue.
Fla. SC says retirement system changes was constitutional
TALAHASSEE, Fla. (Legal Newsline) - The Florida Supreme Court on Thursday found that the amending of the Florida Retirement System by the state Legislature, which made several significant changes including changing the pension from noncontributory to contributory, was facially constitutional.
R.I. SC ruling cuts amount health facility must pay estate
PROVIDENCE, Rhode Island (Legal Newsline) - The Rhode Island Supreme Court has ruled that a health care facility is obligated to pay the statutory minimum of $100,000 to the estate of a women who died due to negligence at the facility even though the facility was supposed to pay the first $2 million under the terms of the policy.
Conn. SC awards attorney fees in contract claim
HARTFORD, Conn. (Legal Newsline) - The Connecticut Supreme Court held that a defendant was properly awarded attorney fees by the trial court after prevailing in a contract action filed against her by a skilled nursing care facility.
Ala. SC says brand-name drug maker can be liable for injuries from generic
MONTGOMERY, Ala. (Legal Newsline) - The Alabama Supreme Court answered in the affirmative the question of whether a brand-name drug manufacturer, based upon statements made in connection with the manufacture or distribution of the brand-name drug, may be liable to a plaintiff who has claimed injury from a generic version of the brand-name drug.