News from December 2019
Challenge to poultry permits in Delaware shot down by court
WILMINGTON, Del. (Legal Newsline) – The Delaware Superior court has granted summary judgment in favor of the Delaware Department of Natural Resources and Environmental Control (DNREC) in an organization's lawsuit against it over permits for poultry farms
Delaware judge orders house flipper to pay $3,000 in lawsuit over repairs
WILMINGTON, Del. (Legal Newsline) – A Delaware Superior Court judge has ruled against Ptrebor Enterprises LLC in a breach of contract lawsuit stemming from a real estate transaction.
Attorney won't be dismissed from representing defendant in dog attack lawsuit
PORTLAND, Maine (Legal Newsline) – The Maine Supreme Judicial Court has dismissed an appeal from a plaintiff who sought to disqualify an attorney from representing the defendant in a suit over a dog attack.
Alabama Supreme Court reverses $500,000 ruling in negligence suit, finding plaintiff's service was 'ineffective'
MONTGOMERY, Ala. (Legal Newsline) – The Supreme Court of Alabama has reversed and remanded a lower court’s decision in a negligence lawsuit over a tenant's alleged injuries from carbon monoxide poisoning, ruling that the plaintiff's service of the suit was "ineffective."
Lawsuit says P.F. Chang's Krab Mix menu tricks eaters who want crab
SAN BERNARDINO (Legal Newsline) – A California man alleges a Chinese cuisine restaurant chain has employed a "bait and switch" on its customers by falsely labeling some menu items as containing crab meat.
M&M ice cream makes false statements about its vanilla, lawsuit says
WHITE PLAINS, N.Y. (Legal Newsline) – A New York woman has initiated a proposed class action lawsuit against Mars alleging the labels on its vanilla M&M ice cream bar products don't reflect the true amount of vanilla flavor in the ice cream.
Without evidence and unable to make public nuisance argument, Delaware's opioid claims against Walgreens fail
WILMINGTON, Del. (Legal Newsline) - A Delaware judge has refused to certify the state’s appeal of an order dismissing its opioid claims against Walgreens, at least temporarily upholding a rare industry victory in litigation over the opioid crisis.
Law limiting how much work a hotel employee can do is challenged by Santa Monica hotel owners
LOS ANGELES (Legal Newsline) – A California city is facing a class action filed on behalf of the area's hotel owners and managers who seek an injunction of a city ordinance that sets limits on the amount of square footage hotel employees can be required to clean in one shift.
Consumers seek Capital One data from Amazon servers in lawsuit over data breach
ALEXANDRIA, Va. (Legal Newsline) – Capital One and Amazon are facing a proposed class action stemming from a March data breach and allegations they falsely marketed their public cloud software as safe.
Consol Energy sues major U.S. railroads alleging illegal fuel charge scheme
WASHINGTON (Legal Newsline) – Consol Energy has filed a suit against some of the largest U.S. class I railroads alleging an illegal fuel charge scheme.
Attorney: Private lawyers hired by local governments are the 'single greatest threat to attorneys general'
CHICAGO (Legal Newsline) – City, county and tribal governments' strategy of hiring private plaintiff's attorneys in opioid and other litigation is causing a "misalignment of the values" between those entities and the traditional primacy of state attorneys general, a government litigation expert said.
Washington County reduces trial jury service duration
The Circuit Court for Washington County has announced a reduction in the duration of trial jury service from one month to one week.
New York's 'ill-conceived' lawsuit against Exxon is rejected by judge
NEW YORK (Legal Newsline) The flagship lawsuit of the #ExxonKnew climate litigation campaign was sent to the bottom today after a New York judge rejected all claims brought by the office of Attorney General Letitia James, including fraud charges the state’s lawyers unexpectedly dropped at the close of trial.
Democrats' rush to regulate PFAS fails, as Senate rejects Superfund measure
WASHINGTON (Legal Newsline) – The effort of Democrats in Congress to classify certain chemicals as “hazardous” under the federal Superfund law – a move that would have had major consequences for businesses and the lawyers who sue them - was not successful.
New York Metropolitan Transportation Authority faces suit over its debarment regulation for public works contractors
NEW YORK (Legal Newsline) – A nonprofit representing member associations for construction contractors, engineers and related businesses is seeking injunctive relief from a New York Metropolitan Transportation Authority (MTA) debarment statute, claiming it violates federal law.
California drivers are suing, claiming they were charged with criminal infraction for toll violation
SANTA ANA, Calif. (Legal Newsline) – The Orange County Transportation Authority and others are facing a lawsuit from drivers who allege they have been wrongfully accused of a criminal infraction for not having an account while accessing the county's "pay-by-plate" express lanes.
California shopping center owner sues dry cleaner operators over alleged hazardous waste contamination
SAN FRANCISCO (Legal Newsline) – The owners of a Mill Valley shopping center allege the past and previous owners of a dry cleaner who leased space on the property are responsible for hazardous waste contamination.
FAEGRE BAKERS DANIELS: Building Better Construction Contracts 2019
Join Faegre Baker Daniels' Patrick Miller and Pat O'Connor, as well as a host of distinguished faculty, as they lead practitioners, in-house counsel and insurance professionals in the art of negotiating and drafting design and construction contracts.
Philadelphia now the top-ranked 'Judicial Hellhole'; Massive verdicts, like $8B Risperdal case, cited
WASHINGTON – In an annual report of “Judicial Hellholes” released today by the American Tort Reform Association, Philadelphia has claimed the No. 1 ranking – in part due to a historic $8 billion punitive damages verdict rendered this year in litigation connected to Johnson & Johnson’s anti-psychotic drug Risperdal.
PEPPER HAMILTON LLP: Pepper Hamilton and Marcum's 2019 Year-end Tax Forum (New York)
Before 2019 draws to a close, please join Pepper Hamilton and Marcum for cocktails, networking, and an in-depth look at how current tax developments and new provisions impact your year-end tax planning.