Tag: Litigation
Levy Konigsberg LLP Upholds $3.3M Verdict Against Whittaker Clark & Daniels, Inc. for Toxic Talcum Powder
News
On April 9th, 2020 the New York Supreme Court, Appellate Division, First Department, affirmed the trial court’s decision in Nemeth v. Brenntag North America, et al., Case No. 9765, New York County Index No. 190138/14, denying the defendant’s post-trial motions.
“Twisted” Path to New Trial for Dr. Paulus
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A 2018 Sixth Circuit panel upheld a jury verdict convicting Dr. Richard Paulus of submitting fraudulent medical claims. That same panel, with 2020 hindsight(!), reversed that conviction.
Judge Rakoff Ends Litigation Fantasy
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Olson was a putative class action brought by individuals who participated in DraftKings fantasy baseball competitions.
Nanomech to Pay Lender Nearly $1.7 Million in Settlement, Drop Claims Against Former CEO Jim Phillips
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The U.S. Bankruptcy Court for the District of Delaware approved a $1.7 million settlement agreement in the bankruptcy case of Springdale-based nanotechnology manufacturer NanoMech Inc. that will clear its former CEO of any wrongdoing.
$665,000 Settlement For East Bay Student Punished For Mock Terrorist Video
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An East Bay school district has agreed to pay $665,000 to settle a free-speech suit by a former student who was suspended from a leadership class, and briefly barred from serving as student body president, after posting a video that showed him as a James Bond hero fighting off terrorists.
Jeep Drivers’ Claims Come to a Screeching Halt
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A five-year legal battle between three certified classes of Jeep Cherokee drivers and Fiat Chrysler came to a sudden end, when a federal judge in the Southern District of Illinois held that allegations that the vehicles were vulnerable to cyber-attacks did not give plaintiffs standing to sue under Article III of the Constitution.
Time to Settlement and Case Complexity
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In 2019, 15 percent of cases settled within two years of filing, consistent with the rate over the last 10 years. The average time from filing to settlement in 2019 was 3.3 years.
Chinese Government Sued in Multiple Class Actions by U.S. Citizens and Businesses
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An initial wave of three class actions stemming from COVID-19 were filed against the Chinese government this past week.
‘Landmark Settlement’ With Justice Companies Over Unpaid Safety Penalties
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Coal companies owned by Gov. Jim Justice and his family have settled with federal agencies to satisfy more than $5 million in unpaid penalties for violations of the Federal Mine Safety and Health Act.
With LinkedIn Trademark Settlement, Cannabis Tech Standout LeafedIn Finalizes Rebrand to LeafedOut
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LeafedOut, formerly known as LeafedIn, announced a resolution to their intellectual property dispute with the professional networking site “Linkedin” that correlated with their complete rebrand to Leafedout as of the start of this year.
Texas Supreme Court Reinforces the Eight-Corners Rule, Or Does It?
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In Richards v. State Farm Lloyds … the Texas Supreme Court answered a certified question posed by the Fifth Circuit Court of Appeals; namely, whether the absence of a clause requiring a carrier to defend claims that are “groundless, false or fraudulent” means that the “eight-corners” rule does not apply when determining the existence of a duty to defend.
Eleventh Circuit Affirms Individual’s $41 Million Verdict Against Tobacco Companies
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The Eleventh Circuit affirmed denial of motions for judgment as a matter of law against R.J. Reynolds Tobacco Company and Philip Morris USA Inc. in a published opinion upholding multi-million dollar jury verdicts against both defendants.
Seventh Circuit Court Of Appeal (Mostly) Affirms Judgment Against Dish
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The appellate court concluded that the district court made no material legal errors save one– in assessing damages the Court started with the Plaintiff’s ability to pay and worked backward.
GM Reaches Settlement Over Lost Vehicle Value From Defective Ignition Switches
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General Motors has reached a $120 million settlement with owners who claimed that their vehicles lost value because of defective ignition switches, which have been linked to 124 deaths.
City Of Ferguson Hit With $1.7 Million Settlement For Municipal Court Abuses
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A St. Louis County Circuit judge has given preliminary approval to a nearly $1.7 million settlement on a class-action lawsuit
Former Tulare Hospital Attorney Faces State Bar Complaint
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Directors of the Tulare Local Health Care District (TLHCD) voted to file a formal complaint against their former attorney with the California State Bar Association.
Jury Awards Pharma Whistleblower Over $760k in Retaliation Case
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A federal district court in Massachusetts recently ordered Minneapolis based Coloplast to pay over $760,000 to Plaintiff, Amy Lestage, for retaliating against her after she and others filed a whistleblower complaint against the company.
Equitable Tolling: “Estopping” the Clock from Running on Your Claims
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A court can preclude a defendant from asserting a statute of limitations defense where the defendant’s own intentional misconduct prevented the plaintiff from timely filing suit.
Foundry Employees’ Action is a “Mass Action” Subject to Removal Under the Class Action Fairness Act
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The Eleventh Circuit has clarified the scope of the ‘local event exception’ to the federal-court jurisdiction over ‘mass actions’ conferred by the Class Action Fairness Act (“CAFA”), holding that claims by former foundry employees against manufacturers and distributors of products used at the foundry are not within the exception.
Keep Learning While Your Case Is in Limbo: Seven Ways to Use the Pause
News
One after another, like dominos, court systems are shutting down or moving to drastic restrictions. In the process, court dates are being pulled and cases are moving into limbo.
