News from September 2018
Federal judge sends case over unsolicited emails back to California state court
SAN FRANCISCO (Legal Newsline) – A class-action lawsuit filed by plaintiffs who allegedly received unsolicited emails from Fluent LLC and other defendants will be sent back to the San Francisco Superior Court of California, according to a Sept. 13 ruling from U.S. District Judge Maxine Chesney of the U.S. District Court for the Northern District of California.
Back to state court goes Tennessee's Gallatin Plant lawsuit against TVA, despite emergency motion
An “emergency motion” filed by defendant Tennessee Valley Authority (TVA) with a federal court in the Middle District of Tennessee, Nashville Division that requested to stay execution of a remand order was denied on June 22.
Court rejects appeal of companies sweating new rules in NYC's controversial asbestos docket
Asbestos defendants failed to convince New York’s highest court to intervene in a long-running fight over how the New York City asbestos court known as NYCAL does business, leaving them with few options as hundreds of lawsuits march toward trial in the plaintiff-friendly venue.
'This is wrong': Fourth Circuit judge rips gag order in multimillion-dollar hog farm cases
A federal judge’s gag order prohibiting anyone connected to nuisance litigation against hog farms in North Carolina was probably an unconstitutional prior restraint of speech and never should have been issued, an influential judge on the Fourth Circuit Court of Appeals said in oral arguments this week.
Washington Nationals lose $2M appeal after not paying for 'too slippery' floors at stadium
WASHINGTON (Legal Newsline) – The Washington Nationals have been found to have breached their contract with a flooring company they said performed shoddy work at their stadium.
Washington Supreme Court upholds summary judgment for Gonzaga University in wrongful termination case
OLYMPIA, Wash. (Legal Newsline) – The Washington Supreme Court has ruled that summary judgment was properly awarded to Gonzaga University in a wrongful termination case.
Washington Supreme Court upholds fine against cemetery that moved remains without notifying next of kin
OLYMPIA, Wash. (Legal Newsline) – A cemetery operator has lost its appeal of a fine against it over disinterring cremains without notifying the next of kin.
It's possible that 'professional plaintiff' suing over sugar in ONE protein bars never actually ate one
WASHINGTON (Legal Newsline) – ONE Brands, sued over the amount of sugar in its line of nutrition bars, says it has been targeted by a professional plaintiff who has never actually eaten one of its products and a law firm that failed in its first try to pursue these allegations.
Blind man suing Philly restaurant 100 miles from his house loses case over its website
On Sept.17, the United States District Court for the Eastern District of Pennsylvania determined a blind man didn’t provide enough evidence that Sam’s Oyster House discriminated against him through its website.
Ill. Supreme Court reverses ruling in suit over amendment to state's Estate and Generation-Skipping Transfer Tax Act
SPRINGFIELD, Ill. (Legal Newsline) – The Illinois Supreme Court reversed an appellate decision and affirmed the circuit court’s ruling in a lawsuit filed against the state attorney general and treasurer challenging an amendment to the Illinois Estate and Generation-Skipping Transfer Tax Act.
Principal says she was a scapegoat and whistleblower, but Mich. court says her firing was justified
LANSING, Mich. (Legal Newsline) – The Michigan Court of Appeals has rejected a wrongful termination complaint filed by a former school principal.
Nestle: Class action against Poland Spring would 'endanger' bottled water regulatory process
NEW HAVEN, Conn. (Legal Newsline) – Defendant Nestle Waters North America Inc. filed a motion to dismiss an amended complaint on July 30 regarding a lawsuit over its Poland Springs brand of spring water over allegations the water does not meet the “spring water” determinations as defined by the Federal Drug Administration.
Lamps Plus settlement: Vouchers for class, $750K for lawyers
SAN DIEGO (Legal Newsline) – A motion was filed in the U.S. District Court for the Southern District of California on Aug. 24 by plaintiff Harley Seegert requesting that the court grant the instant unopposed motion for preliminary approval of a class action settlement against Lamps Plus Inc.
N.C man injured working on 'ultrahazardous' job gets new shot at lawsuit
RALEIGH, N.C. (Legal Newsline) – A North Carolina appellate court has ruled that a trial court erred when it dismissed a man's complaint over allegations of strict liability against several companies stemming from injuries incurred during his "ultrahazardous" job.
N.C. court reinstates lawsuit against AG over Smithfield Foods agreement
RALEIGH, N.C. (Legal Newsline) – A lawsuit filed against North Carolina Attorney General Josh Stein will go forward after a trial court ruling granting summary judgment to the defendants was reversed.
'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.
Colorado law firm to pay $30,000 for allegedly firing pregnant legal assistant
DENVER — A Colorado law firm has agreed to pay a $30,000 settlement to resolve charges by the U.S. Equal Employment Opportunity Agency (EEOC) that the firm fired a legal assistant after learning she was pregnant.
Washington state OKs agreement with Energy Department over hazardous tank vapors at nuclear plant
OLYMPIA, Wash. — An agreement reached between the federal government and Washington State Attorney Bob Ferguson has placed litigation on hold while the U.S. Department Energy begins testing and implementing new systems designed to treat or capture hazardous tank vapors at the Hanford Nuclear Reservation.
New York accuses 9 student debt loan relief companies of running scam
NEW YORK — The state of New York has filed a lawsuit against nine student debt loan relief companies along with their financing company and two of the companies' leaders, alleging they defrauded thousands of consumers nationwide.