Daniel Fisher News
Massage chain can't escape assault lawsuit by citing clickwrap agreement
SAN FRANCISCO (Legal Newsline) - A massage parlor franchising company can’t escape a sexual assault lawsuit by one of its customers by citing an arbitration clause buried in a 10-page electronic agreement she never read when she checked in to her local outlet, a California appeals court ruled.
Companies embroiled in talc litigation lose challenge to plaintiff experts in $12M case
SAN FRANCISCO (Legal Newsline) - Plaintiff experts who say cosmetic talcum powder causes the fatal cancer mesothelioma were properly allowed to testify in a trial that resulted in a $12 million plaintiff verdict, a California appeals court ruled, rejecting defense arguments they didn’t have scientific evidence to support their opinions.
Judge strikes down California firearms fee-shifting law
SAN DIEGO (Legal Newsline) - Citing California Governor Gavin Newsom’s harsh criticism of a similar law in Texas aimed at pro-choice advocates, a federal judge struck down a California law designed to make it too costly for gun-rights activists to challenge firearms regulations.
Ninth Circuit won't step into lawyer fight over millions from Roundup lawsuits - yet
SAN FRANCISCO (Legal Newsline) - There’s no need to resolve a brewing fight over more than $800 million in fees from Roundup lawsuits, a federal appeals court ruled, rejecting an attempt by plaintiff lawyers in charge of federal multidistrict litigation to collect fees from cases in state court.
Old marketing claims can't sustain California case over heart medication
SAN FRANCISCO (Legal Newsline) - A California appeals court upheld the dismissal of lawsuits against Wyeth and other pharmaceuticals companies over a heart drug that was once criticized by Ted Kennedy and is supposed to be used only as a last resort because of its dangerous side effects.
Judge: Facebook didn't defame John Stossel by putting 'partly false' labels on his videos
SAN JOSE, Calif. (Legal Newsline) - John Stossel wasn’t defamed when Facebook called one of his videos “partly false” and said another was “missing context,” a federal judge ruled, tossing the conservative journalist’s lawsuit against Meta Platforms and a French scientific fact-checking organization.
Defendant: Doggie Dailies class action cites irrelevant studies
SAN FRANCISCO (Legal Newsline) - The manufacturer of Doggie Dailies Hip & Joint Supplement for Dogs has asked a judge to throw out a proposed class action, saying the plaintiff based her false-advertising claim on irrelevant scientific studies and her own subjective conclusion that the supplements don’t work.
Life insurer gets huge win in court, as class action rejected in California
SAN DIEGO (Legal Newsline) - A federal judge refused to certify a class action that could have exposed life insurers to billions of dollars in damages, saying the proposed class was too broad and the lead plaintiff wasn’t typical of other claimants lawyers sought to bundle into one massive case.
Do bongs need warning labels? Judge makes decision
SAN FRANCISCO (Legal Newsline) - Just because most bongs are used to smoke marijuana doesn’t mean they have to carry warning labels against pot smoke, a California appeals court, rejecting claims by a group associated with a San Diego law firm that sues companies over the state’s Proposition 65 cancer-warning statute.
Court: Oakland can't sue Raiders over move to Vegas
LOS ANGELES (Legal Newsline) - The City of Oakland isn’t entitled to damages over the relocation of the Raiders football team to Las Vegas, a California appeals court ruled, upholding the dismissal of a lawsuit claiming the National Football League and its member teams violated an agreement to consider a dozen factors including the impact a team’s relocation would have on the local community.
One-year limit doesn’t apply to woman suing over stillbirth, court rules
SAN FRANCISCO (Legal Newsline) - A hospital that argued a woman was a day late in suing over the death of her fetus lost on appeal, as a California court ruled a judge or jury might decide she didn’t suspect medical malpractice until later.
Lawyers in class action chaos told to disclose 'financial interest' to those who opted out
SAN FRANCISCO (Legal Newsline) - Lawyers who simultaneously told some of their clients to accept a $6 million settlement of wage-and-hour claims against Walgreens while telling others to reject it can’t appeal a judge’s order invalidating the decision of some class members to opt out of the settlement, the Ninth Circuit Court of Appeals ruled.
Life insurers face billions in liability for their actions before California changed the rules
LOS ANGELES (Legal Newsline) - Life insurance companies doing business in California face billions of dollars in potential liability as plaintiff lawyers seize upon a state Supreme Court ruling that applies a 2012 law to tens of thousands of policies sold years before.
Case against Uber over death of highly intoxicated Univ. of San Diego student transferred
SAN FRANCISCO (Legal Newsline) - Uber and two of its drivers won a change of venue in a lawsuit accusing them of responsibility for the death of a University of San Diego student who vomited in one vehicle and ran away from a second, dying miles away after being hit by two cars on the highway.
Protestors who invaded horse racing track will face trespass lawsuit; Free speech concerns rejected
SAN FRANCISCO (Legal Newsline) - An animal-rights group can be sued over the actions of protestors who invaded a horse track, lit off incendiary devices and blocked a race by lying on the track, a California appeals court ruled, rejecting arguments by the Sierra Club and others that the protestors engaged in constitutionally protected speech.
Southwest wins court case over death of passenger in lavatory
SAN FRANCISCO (Legal Newsline) - Southwest Airlines and its employees aren’t liable for the death of a passenger who suffered a pulmonary embolism in the lavatory of a plane, even though they delayed providing medical care until after the plane landed because the pilots thought he was a security threat.
Doctors decrying Covid vaccine sue Twitter after they were banned
SAN FRANCISCO (Legal Newsline) - Five doctors who say they were unfairly suspended from Twitter after making controversial Covid-related posts have sued the platform for breach of contract, saying Twitter bowed to political pressure instead of following the science.
Industry group loses constitutional challenge to California's Private Attorney General Act
SANTA ANA, Calif. (Legal Newsline) - A lobbying group for California businesses lost a constitutional challenge to a state labor law that allows citizens to act as private attorneys general, as an appeals court rejected claims the law violates the separation of powers.
Latest opioid ruling puts MDL judge further out of step on public nuisance
A federal judge soundly rejected the “public nuisance” theory behind most opioid litigation, further isolating the judge in charge of thousands of similar lawsuits who has consistently ruled in favor of plaintiffs on this very question.
California governor fends off class action over COVID lockdown
SAN DIEGO (Legal Newsline) - California restaurants and gyms lost their effort to pursue a class action against Gov. Gavin Newsome over his stringent Covid-19 lockdown measures, as a state appeals court rejected arguments the orders violated administrative procedure law or represented an unconstitutional taking of their property.