Daniel Fisher News
California extends 'take-home' asbestos liability to case of brother who lived elsewhere
SAN FRANCISCO (Legal Newsline) - A California Supreme Court decision limiting “take-home” asbestos liability to people who live in the same house doesn’t preclude a man from suing over claims he was exposed to asbestos when visiting at his brother’s house.
CalChamber loses bid to delay California data privacy regulations
SACRAMENTO, Calif. (Legal Newsline) - California can begin enforcing data privacy regulations under a law voters passed in 2020, an appeals court ruled, rejecting arguments by the California Chamber of Commerce that there should be a one-year delay between the promulgation of new rules and when they can be enforced.
Friend of angry ex will face lawsuit after smear campaign cost student a spot at Dartmouth
SAN FRANCISCO (Legal Newsline) - A student who claims he fell victim to a “vengeful smear campaign” by a spurned ex-girlfriend can sue over emails to Dartmouth College officials that led the prestigious school to rescind his offer of admission.
A cancer warning label on Roundup would be unconstitutional, Ninth Circuit rules
SAN FRANCISCO (Legal Newsline) - California can’t order the manufacturer of Roundup weedkiller to place a cancer warning on the product because it would be misleading to consumers and violate the First Amendment, a federal appeals court ruled.
Facebook faces suit over not putting insurance ads on some users' feeds
SAN FRANCISCO (Legal Newsline) - Most people would probably pay money not to be subjected to ads featuring quacking ducks and apron-clad insurance agents. But a California appeals court has decided Facebook must face a class action over claims it discriminates against users by allowing insurance companies to select their audience based on age and gender.
School district in trouble after bus never picks up student and she dies in car crash
SACRAMENTO, Calif. (Legal Newsline) - A California school district may be on the hook for a car crash that took the life of a 16-year-old student who got in a car with a friend after her bus was late, an appeals court ruled.
'Paid' means check in hand, court rules in case of arbitration fees
SAN FRANCISCO (Legal Newsline) - A company whose check to the arbitrators arrived several days late can’t claim it “paid” its fees within a statutory deadline, a California appeals court ruled, reviving a former employee’s chances at pursuing her sexual-harassment claim in court.
County's ban on drilling for oil, natural gas struck down by California Supreme Court
SAN FRANCISCO (Legal Newsline) - An ordinance banning oil and gas drilling within Monterey County that passed with 56% of the vote is preempted by state law promoting the production of underground hydrocarbons, the California Supreme Court ruled, rejecting comparisons to earlier decisions allowing municipalities to prohibit drilling in certain areas or ban marijuana dispensaries entirely.
Judge must ask more questions before dropping 'rape shield' in school sex abuse case
SAN FRANCISCO (Legal Newsline) - A sex-abuse trial involving a school teacher that was halted after several days can only resume after the judge makes a more thorough determination of whether the plaintiff can be asked about a subsequent episode of abuse, California’s highest court ruled.
Labor class actions under PAGA needn't be manageable, California court rules
SAN DIEGO (Legal Newsline) - Sticking to its interpretation of the law unless the California Supreme Court decides otherwise, an appeals court ruled that labor lawsuits under the state Private Attorneys General Act needn’t meet the manageability requirements of other class actions.
Uber must face labor class action, even though Plaintiff has to arbitrate
SAN FRANCISCO (Legal Newsline) - Declaring itself to be the “final arbiter” on California law, the California Supreme Court ruled an Uber Eats driver can pursue a class action on behalf of other drivers even though the U.S. Supreme Court last year held the driver himself must submit labor claims to an arbitrator.
No immunity for police who left dead man's genitals exposed during shootout
SAN FRANCISCO (Legal Newsline) - Ending a split among state appellate courts, the California Supreme Court ruled a law protecting police officers against claims of wrongful prosecution doesn’t immunize them against other claims, including one that officers had left the body of a man shot by police in the street with his genitals exposed.
Lawsuits over warning signs on streets are fair game, California Supreme Court says
SAN FRANCISCO (Legal Newsline) - California law provides broad immunity from lawsuits over how cities design their streets but plaintiffs can still sue over a lack of warning signs, the state’s highest court ruled, upholding a 50-year-old precedent against arguments it was illogical.
Ruling leaves lemon law attorneys ruing rejection of $60K settlement offer
SACRAMENTO, Calif. (Legal Newsline) - Lawyers for a man who rejected Hyundai’s offer to pay $60,500 over a supposedly defective car can’t collect nearly $100,000 in fees after negotiating a much lower settlement on the eve of trial, a California appeals court ruled.
Johnson & Johnson stuck with $344 million California judgment
Johnson & Johnson has no further avenues for challenging a $344 million judgment in California after the U.S. Supreme Court refused to hear an appeal of the case, which J&J and other said was based upon an unconstitutionally vague consumer-protection status.
Inmate's premature lawsuit over San Quentin COVID outbreak no reason for dismissal, court rules
SAN FRANCISCO (Legal Newsline) - An inmate at San Quentin State Prison can proceed with a proposed class action over an outbreak of Covid-19 he blames on the state’s failure to quarantine prisoners who were transferred from another jail in May 2020, an appeals court ruled.
Coroner must release records of police officer's suicide, court rules
SAN FRANCISCO (Legal Newsline) - Parents of a San Mateo police officer who question the coroner’s conclusion that he died by suicide can obtain the entire investigative file into his death, a California appeals ruled, reversing a trial judge’s decision allowing some of those records to be withheld.
California AG sues Amazon over... low prices?
SAN FRANCISCO (Legal Newsline) - California Attorney General Rob Bonta is suing Amazon for harming consumers. Not by charging them too much, but by pushing merchants on its platform to charge the lowest prices available.
Patient can sue over basketball smackdown in mental hospital
SAN FRANCISCO (Legal Newsline) - A woman who was admitted to a mental institution as “a danger to others” can sue the hospital for injuries she suffered after being slammed to the floor by another patient during a basketball game, a California appeals court ruled.
Court rejects plaintiff lawyers' attempt to eliminate California's cap on fees
FRESNO, Calif. (Legal Newsline) - A law firm has no basis for suing to eliminate California’s cap on contingency fees and non-economic damages in malpractice lawsuits, an appeals court ruled, citing previous decisions by the state Supreme Court as well as the law firm’s speculative theories about how the caps deny plaintiffs the right to sue.