News from November 2018

From Legal Newsline

Money for nothing: SCOTUS could stop class action funds from being steered to non-parties

By Daniel Fisher | Nov 1, 2018

WASHINGTON (Legal Newsline) - The U.S. Supreme Court heard arguments yesterday in a case that could end cy pres, the practice of steering money in class action settlements to organizations with absolutely no connection to the underlying lawsuit.

Driver alleged to have failed to stop at stop sign in Sanger collision

By Jenie Mallari-Torres | Nov 1, 2018

FRESNO – Three individuals allege they were injured in a collision in Sanger when another driver failed to stop at a stop sign.

Court declines summary judgement in 'SLAM!' and 'GRAND SLAM' automotive-degreaser trademark case

By Carrie Salls | Nov 1, 2018

A trademark infringement lawsuit over automotive degreasers "SLAM!" and "GRAND SLAM" will proceed, after a court denied a motion put forward by the alleged infringer for summary judgement.

From Pennsylvania Record

Attack on paint industry spreads to Pennsylvania; Sherwin-Williams asks judge for help

By John O'Brien | Nov 1, 2018

PHILADELPHIA - Pennsylvania will be the next battleground in historically hard-fought litigation over lead paint, as private lawyers seeking one-third of possible multimillion-dollar verdicts and settlements are teaming with county officials on lawsuits.

Bankruptcy of maritime fuel broker thwarts supplier's attempt to collect $1.7M payment

By Carrie Salls | Nov 1, 2018

A fuel supplier will not be allowed to seize and sell a shipping vessel over $1.7 million in unpaid marine fuel after the U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s ruling denying maritime lien.

Court dismisses suit over woman's allegations that Carelick Hospice Services committed Medicare fraud

By Charmaine Little | Nov 1, 2018

LOS ANGELES – A woman’s claims that a local hospice facility committed Medicare fraud fell short in the U.S. District Court for the Northern District of California, as her case was dismissed Oct. 1.

Oyster Point Hotels' motion to dismiss denied in Graebel Commercial Services' breach of contract case

By Charmaine Little | Nov 1, 2018

SAN FRANCISCO – A local hotel group’s attempt to dismiss a breach of contract claim against it was denied in the U.S. District Court for the Northern District of California on Oct. 5.

Appellate court rules agreement wasn't breached in dispute with North Valley Mall, Longs Drug Stores

By Charmaine Little | Nov 1, 2018

SACRAMENTO – On Sept. 25, the 3rd Appellate District in the Court of Appeal of California in the affirmed a lower court’s decision in a triangular merger case.

Tenant of San Francisco property alleges notices of violation have not been abated by property owner

By Jenie Mallari-Torres | Nov 2, 2018

SAN FRANCISCO – A tenant alleges his monthly rent for a San Francisco property was raised to $4,000 a month after repeated requests to make repairs.

Los Angeles lawyer says she receives calls daily about scooter injuries

By Carrie Bradon | Nov 2, 2018

LOS ANGELES – The introduction of electric scooters to the Los Angeles area has left many pedestrians in fear for their safety as multiple individuals have tripped over or been struck by these scooters, in addition to two deaths that occurred as a result of an electric scooter accident in Washington, D.C. and Dallas.

Oak River Insurance seeks subrogation from trucking company for workers' compensation claim

By Noddy A. Fernandez | Nov 2, 2018

FRESNO – An insurance company is seeking compensation from a trucking company and its driver for a workers' compensation claim it paid on behalf of an injured driver.

Patient files malpractice suit against Sutter Health over emergency room visit

By Jenie Mallari-Torres | Nov 2, 2018

SAN FRANCISCO – A patient alleges an emergency room was negligent in diagnosing her condition.

Man alleges inadequate lighting at Village at Ninth Apartments contributed to fall

By Noddy A. Fernandez | Nov 2, 2018

FRESNO – A man alleges he was injured at an apartment complex because the conditions there caused him to fall down two steps.

Judge reduces punitive damages by nearly $200 million in Roundup case

By Carrie Bradon | Nov 2, 2018

SAN FRANCISCO – Last week, a California judge greatly reduced the amount of punitive damages awarded in lawsuit against Monsanto by a man who alleged that the use of its herbicide Roundup caused him to contract non-Hodgkins lymphoma.

California High-Speed Rail Authority settles lawsuit with city of Shafter

By Carrie Bradon | Nov 2, 2018

SACRAMENTO – California's High-Speed Rail Authority recently settled a lawsuit with the city of Shafter over the alleged lack of efforts from the rail authority to mitigate environmental effects that the route through the city would cause.

Santa Cruz not liable for woman’s injuries from Davenport Beach tunnel

By Elizabeth Alt | Nov 4, 2018

A court of appeal affirmed that the Santa Cruz County Regional Transportation Commission is not liable for injuries to a woman who fell while walking through a rock tunnel.

State appeals court reverses $1.2 million 'catalyst theory' attorney's fee award to Ag Land Trust

By Karen Kidd | Nov 4, 2018

A Salinas-based land trust will not receive the more than $1.2 million in attorney's fees that it had been awarded in a dispute over a defunct water desalination project, following a state appeals court's ruling earlier this month.

Court rejects late complaint against the Carmel-by-the-Sea

By Asia Mayfield | Nov 4, 2018

A resident’s complaint against the City of Carmel-by-the-Sea over a permit to develop land adjacent to her property has been rejected because she did not file her complaint within 90 days.

Consumer alleges Subaru WRX has defects, seeks restitution

By Noddy A. Fernandez | Nov 5, 2018

FRESNO – A Fresno County man is seeking to replace or restitution of a Subaru vehicle he purchased over allegations it has defects.

Two allege damages after driver failed to stop at red light at Stockton intersection

By Noddy A. Fernandez | Nov 5, 2018

STOCKTON – A mother and daughter allege they were injured in Stockton when another driver failed to stop at a red light.

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