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.
Court shoots down arbitration over Dexcom diabetes monitor claims
SAN DIEGO (Legal Newsline) - A manufacturer of glucose monitors can’t enforce “clickwrap” arbitration agreements because they were combined with privacy waivers, a California appeals court ruled, clearing the way for lawsuits by patients who clam they were injured when the devices failed to warn them of dangerous glucose levels.
Lawyers hit with $10K in sanctions over 'schoolyard bullying'
SAN DIEGO (Legal Newsline) - A California law firm must pay $10,000 in sanctions for behavior an appellate judge likened to “the adult equivalent of schoolyard bullying,” including refusing to respond to requests for evidence and sending sneering emails to opposing counsel.
California: Lawyers get $518K in fees for winning client $70K
LOS ANGELES (Legal Newsline) - Lawyers who won their client $70,000 in an employment dispute can collect half a million dollars in fees, but no additional interest, a California appeals court ruled
No cash for woman in case of exploding showerhead
LOS ANGELES (Legal Newline) - A woman who claimed she was injured by an exploding shower nozzle failed to muster any evidence a hotel was to blame, an appeals court ruled, rejecting her argument a maid must have damaged the device while she was out shopping.
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.
No study, no problem: Court allows experts to link any cancer to diesel exhaust
SAN DIEGO (Legal Newsline) - There’s no need for expert witnesses to point to a specific study showing a substance causes a disease as long as they have a reasonable basis for believing the two are connected, a California appeals court ruled, reversing a trial judge’s disqualification of experts who linked diesel exhaust to blood cancer.
Handwritten business agreement drafted in coffee shop is valid, court finds
LOS ANGELES (Legal Newsline) - A two-page, handwritten document drafted in a coffee shop is a valid contract between men who discussed buying a collection of gas stations for more than $12 million, a California appeals court ruled, reversing a trial court that found the document was too imprecise to enforce.
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.
$12 million verdict over broken roof hatch reversed; Mall owner not to blame
LOS ANGELES (Legal Newsline) - With narrow exceptions, property owners can’t be liable for injuries suffered by independent contractors working on their premises, a California appeals court ruled, reversing a $12.6 million jury verdict won by an electrical worker who was injured when a heavy roof hatch fell on him.
No lawsuit for woman who went bottoms up on bottomless mimosas
RIVERSIDE, Calif. (Legal Newsline) - A woman who suffered paralyzing injuries after consuming a large amount of alcohol and plunging from a parking garage has no case against the owner of the structure, a California appeals court ruled, reversing a trial judge who said there were fact questions about whether private security guards should have protected her.
Press release hyping overdose drug not protected speech, Calif. court rules
RIVERSIDE, Calif. (Legal Newsline) - A company that issued news releases touting a new treatment for opioid overdoses can’t protect itself against lawsuits by citing a California law shielding statements of general public interest, an appeals court ruled.
Seyfarth Shaw entitled to $80K from 'difficult' professor who sued it
LOS ANGELES (Legal Newsline) A linguistics professor colleagues described as “difficult for virtually everyone to work with” must pay some $80,000 in fees to Seyfarth Shaw over a lawsuit she filed, then voluntarily dismissed, accusing the employment law firm of submitting a biased and defamatory report on discrimination claims she initiated.
Dan Tana's restaurant loses round one of trademark fight vs. Dantanna's
ATLANTA (Legal Newsline) - The legendary Hollywood celebrity eatery Dan Tana’s will have to keep fighting to protect its brand against a similar-sounding restaurant in Atlanta after a federal appeals court reversed a ruling by the U.S. Patent and Trademark Office canceling the Dantanna’s trademark for fraud.
The Texas Pete-isn't-from-Texas lawsuit fizzles out after plaintiff's relationship with lawyer becomes issue
LOS ANGELES (Legal Newsline) - A serial plaintiff in class-action lawsuits has dropped out of at least two cases over claims defense lawyers have harassed him about ties to his lawyers, including an allegation he was involved in an “intermingled intimate relationship” with a former college roommate and his attorney.
'Tester' law firm loses another lawsuit over website access for the blind
SAN DIEGO (Legal Newsline) - A California appeals court rejected a lawsuit by serial plaintiffs who claimed a website discriminated against them by failing to provide proper access to the blind, ruling the Americans with Disabilities Act doesn’t cover websites.
No free-speech protection from lawsuit against 'Bling Empire' producers
LOS ANGELES (Legal Newsline) - California’s law allowing for the quick dismissal of lawsuits challenging free speech won’t protect the producers of “Bling Empire” from a lawsuit by Kelly Li, onetime star of the reality series.
Widow can collect on lapsed $1 million life policy, court rules
SAN DIEGO (Legal Newsline) - The widow of a man who stopped making premium payments on a $1 million life insurance policy can collect because the insurer didn’t follow state law before canceling the policy, a federal judge ruled.
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.
USC football kicker had no right to confront accuser, California Supreme Court says
SAN FRANCISCO (Legal Newsline) - A former USC football kicker who was expelled over a charge he physically assaulted his sometime girlfriend had no right to confront his accuser in person or on video, the California Supreme Court said, overruling an appeals court decision that USC’s Title IX disciplinary process was unfair.