News from 2018
N.Y. judge's ruling could be painful for opioid-makers sued over addiction crisis
In an ominous sign for the opioid industry, a New York judge refused to dismiss any of the claims by eight counties against Purdue Pharma, Johnson & Johnson and other prescription opioid manufacturers, saying the plaintiffs had adequately pled violations of everything from consumer protection statutes to the common law of public nuisance.
Baltimore City court to host adult drug treatment court graduation
Eight individuals will mark their achievement of sobriety and completion of a court-supervised program at the adult drug treatment court graduation ceremony in Baltimore City.
Retired California employees must pay back pension overpayment, court rules
SAN DIEGO (Legal Newsline) – The California 4th District Appellate Court, Division One affirmed a trial court decision that two retired officers must pay the San Diego City Employees’ Retirement System more than $30,000 combined, finding that the overpayments had been a mistake, albeit a costly one for the former officers.
California agency's Prop 65 lead regulation upheld by appellate court
SAN FRANCISCO (Legal Newsline) – The California Court of Appeal,1st Appellate District, Division Two recently affirmed the ruling of a lower court in favor of the California Office of Environmental Health Hazard Assessment (OEHHA), regarding acceptable levels of lead in water as it relates to reproductive health.
Uber driver says he was told to create fake accounts to mess with Lyft drivers; Lawsuit will not go to arbitration
SAN FRANCISCO (Legal Newsline) – A California appellate court has affirmed a ruling of a lower court that in the case of Ryan Smythe v. Uber Technologies Inc., “the court correctly found that the action is beyond the scope of Smythe’s arbitration agreement with Uber.”
California court overturns summary judgment for Target in former employee's discrimination case
SAN DIEGO (Legal Newsline) – A California appeals court reversed the decision of a lower court that ruled in favor of Target Corp. in a lawsuit filed by former employee in a discrimination case.
Calif. court reinstates lawsuit against Home Depot filed by former employee claiming wrongful termination
SAN DIEGO (Legal Newsline) – On May 31, Justice Douglas P. Miller of the California Court of Appeal, 4th Appellate District, Division Two announced reversal of a dismissal of case concerning the claims of a former Home Depot employee who sued over allegations of disability discrimination, wrongful termination and eight other related claims.
Woman not allowed to back out of her nondisclosure agreement in settlement with health center, Michigan court rules
LANSING, Mich. (Legal Newsline) – The Michigan Court of Appeals ruled that a trial court did not abuse its discretion when it approved a settlement between a woman and a health care facility in a negligence suit.
Third Circuit upholds dismissal of Chemours Co. severance plan complaint
PHILADELPHIA (Legal Newsline) – A handful of former employees for The Chemours Co. lost their appeal after their employee severance plan complaint was dismissed by the U.S. Court of Appeals for the 3rd Circuit.
Lawsuit claiming Project Veritas Action Fund used spy posing as Hillary supporter will continue
WASHINGTON (Legal Newsline) – A company’s motion to dismiss claims it infringed on federal and state wiretap statutes was denied in the U.S. District Court for the District of Columbia.
In North Carolina, plant-based milk isn't milk, but only if other southern states agree
North Carolina's General Assembly passed its farm bill last week, but a late amendment means there will no enforcement of a ban on plant-based products from being labeled as milk until more than 10 other states pass similar legislation.
'They're always wrong': NYC's hired guns cite overturned case as authority for climate change lawsuit
It was a surprising opening move, to say the least. Arguing for the City of New York in its climate lawsuit against five major oil companies, attorney Michael Pawa cited AEP v. Connecticut, a 2009 decision by the U.S. Court of Appeals for the Second Circuit, as “persuasive authority” in his clients’ favor.
Individuals claim Navient Solutions harassed them with calls over family member's loans
DES MOINES, Iowa (Legal Newsline) – Two Pennsylvania consumers allege a student loan servicer is unlawfully contacting them regarding a family member's loan.
Catalent Pharma Solutions alleged to have terminated director in retaliation for reports
TRENTON, NJ (Legal Newsline) – A Kentucky woman alleges she was terminated in retaliation by her pharmaceutical company employer after reporting allegedly unlawful activity.
Customer alleges Ulta Beauty resells used products as new
MIAMI (Legal Newsline) – A Florida woman alleges a beauty store chain unlawfully resells partially used products.
Court denies Carrington Tea’s motion to dismiss injunctive relief claim over coconut oil
SAN DIEGO (Legal Newsline) – The U.S. District Court for the Southern District of California issued an order denying Carrington Tea Co.’s motion to dismiss an amended claim for injunctive relief that claimed Carrington was misleading consumers into thinking its coconut oils were healthy.
Airline moves to dismiss lawsuit over $80 airline tax again in Florida court
MIAMI (Legal Newsline) – Attorneys for airline Insel International filed a motion to dismiss a man’s amended complaint over an airline tax, stating the amended complaint should still be dismissed for improper forum, lack of jurisdiction and failure to state a claim.
Class action plaintiff against Hertz told to arbitrate toll fee claims; Judge says 'reasonable person' should know they're bound to contract
SAN DIEGO (Legal Newsline) – A California court has granted Hertz Corp.’s motion to compel arbitration in a case over allegations that Hertz overcharged for a toll violation fee, noting that the plaintiff was bound by contract to arbitrate all claims.
Kansas court rules use of AMA guide is unconstitutional in case of twice-injured UPS driver
TOPEKA, Kan. (Legal Newsline) – Use of an American Medical Association guide to rate disability for work-related injuries is unconstitutional as applied to a case, the Kansas Court of Appeals ruled recently in the case of a parcel delivery driver who twice injured his shoulder.
Some attorneys say West Virginia courts are too lenient when it comes to certifying class actions
CHARLESTON – A recent state Supreme Court ruling about class action lawsuits has some in the legal community dismayed about the way such cases are certified in West Virginia.