News from August 2017
Will Jerry Brown tilt California Supreme Court against business?
SACRAMENTO, Calif. (Legal Newsline) - At the end of this month, California Supreme Court Justice Kathryn Werdegar is scheduled to retire, giving Gov. Jerry Brown the opportunity to appoint his fourth justice to the highest court in the nation’s most populous state, ending a Republican majority and sealing his influence over the court for decades.
Lyft driver alleges she was underpaid by company, files class action
TRENTON, N.J. (Legal Newsline) – A Long Beach, New Jersey, resident alleges she was not properly compensated as a Lyft driver.
Bank of America Corp., others named in antitrust lawsuit filed by retirement systems
NEW YORK (Legal Newsline) – Three retirement systems have filed an antitrust class action against several financial institutions
Rayonier Advanced Materials Inc. alleged to have artificially inflated securities prices
NASHVILLE, Tenn. (Legal Newsline) – Stock purchasers of cellulose specialty products company allege the company deceived the investing public regarding its business and operations.
Conn. SC: Private school had duty to warn, protect against insect-borne disease on study abroad trip
The state Supreme Court, in a request for guidance by the U.S. Court of Appeals for the Second Circuit, also upheld a damages award of $41.5 million to the family of a private school student who contracted tick-borne encephalitis on a school-sponsored trip to China.
Products liability claims get a boost from Minnesota's Supreme Court
ST. PAUL, Minn. (Legal Newsline) – The Minnesota Supreme Court last month revived a lawsuit brought by a farm worker who had his legs crushed by a machine - even though he was working on the machine without having read its manual and had received no instruction on how to perform the repair he was attempting.
$1B 'retroactive liability' lead paint case vs paint makers could pave way for overreach, Calif. appeals panel told
Lawyers for three current and former paint manufacturers on the hook for a $1.15 billion judgment over the presence of lead paint in more than 3 million California homes have asked a California appeals court to overturn that judgment, saying the judge overreached and trespassed on legal turf more properly reserved for lawmakers, and to rule otherwise would open a virtual Pandora’s box of further judicial abuses and other unforeseen harms on homeowners, businesses and taxpayers, alike.
Johnson & Johnson already planning appeal of $417 million California talc powder verdict
After a four-week trial, a Los Angeles Superior Court jury returned a verdict of $417 million against Johnson & Johnson Monday. The total includes $70 million in compensatory damages and $347 in punitive damages.
South Carolina Supreme Court affirms agricultural use of river water
COLUMBIA, S.C. (Legal Newsline) – The South Carolina Supreme Court on July 19 ruled against those who challenged the Surface Water Withdrawal Act.
Medical marijuana use opens up a potential quandary for employers
BOSTON (Legal Newsline) – A recent Massachusetts case in which a woman sued her employer after being terminated for the use of marijuana for which she was legally prescribed represents the opening of a Pandora’s Box for employers.
Maine Supreme Court rules to uphold judgment in dog bite suit
PORTLAND, Maine (Legal Newsline) – The Maine Supreme Judicial Court affirmed a Penobscot County Superior Court’s judgment in an appeal involving an insurance claim and a dog bite victim.
California alleges Trump administration used unconstitutional attempt to force immigration enforcement
SAN FRANCISCO (Legal Newsline) — California Attorney General Xavier Becerra announced Aug. 14 his office has filed a lawsuit against the Trump administration for an allegedly unconstitutional attempt to force California law enforcement officials to engage in federal immigration enforcement.
California alleges EPA failed to comply with Freedom of Information Act request
SACRAMENTO, Calif. (Legal Newsline) — California Attorney General Xavier Becerra announced Aug. 11 that his office has filed a lawsuit against the U.S. Environmental Protection Agency (EPA) for allegedly failing to comply with a Freedom of Information Act (FOIA) request.
Concealed carry holder wants to be able to carry gun while driving Uber
FORT LAUDERDALE (Legal Newsline) – A Florida Uber driver has filed suit against the ride share company for the ability to carry a concealed weapon while driving.
Man alleges OnShift sent multiple text messages despite opting out
LOS ANGELES (Legal Newsline) – A California consumer claims that an Ohio corporation invaded his privacy with multiple unsolicited text messages.
Consolifi accused of placing marketing calls to consumers on Do Not Call list
LOS ANGELES (Legal Newsline) – A California consumer alleges a debt consolidation company unlawfully called him for solicitation purposes.
Mo. Supreme Court rules the former St. Louis Rams are liable for unpaid sales tax
JEFFERSON CITY, Mo. (Legal Newsline) – The Missouri Supreme Court has ruled that the former St. Louis Rams owe $335,000 in state sales tax that went unpaid from 2007 to 2013.
Opposition: Opportunity to Work Act would create confusion, opportunities to sue
SACRAMENTO, Calif. (Legal Newsline) – The Opportunity to Work Act, introduced several months ago in the California Assembly, would require businesses to offer extra hours to employees before hiring new ones - and create myriad problems in the process, a Los Angeles defense attorney says.
Emerson Electric units lose companies' first asbestos trial; Jury orders $300K to meso victim
SPARTANBURG, S.C. (Legal Newsline) – An attorney for a former nuclear plant employee with mesothelioma said a $300,000 Aug. 3 jury verdict against Emerson Electric Co. units Fisher Controls International and Crosby Valve will help other asbestos plaintiffs with claims against the companies..
Latham & Watkins avoids malicious prosecution claim
SAN FRANCISCO (Legal Newsline) – A law firm can't be sued for pursuing a lawsuit in alleged bad faith, as that case had made it past the summary judgment phase, the California Supreme Court has decided.