Westlaw Journals weekly round-up

April 9, 2015

Westlaw Journals Weekly RoundupAgain, we missed you last week, but this week we have some great highlights from the Westlaw Journal blog, including a a suit over ‘cloudy’ lethal injections and a ruling over “tasteless” tweets during 2013 World Series:

Washington high court upholds ruling for dermatologist in Restylane injury suit: A patient injured by the off-label use of the cosmetic filler Restylane cannot bring an individual malpractice claim against the dermatologist that owned the clinic where she was treated because she was not his patient, the Washington Supreme Court has ruled. On Mar. 12, the en banc panel of nine justices unanimously affirmed a trial judge’s grant of judgment as a matter of law to Dr. William P. Werschler at the close of trial evidence on claims that he was personally liable for Phyllis Paetsch’s injuries. (Medical Malpractice)

Suit filed over ‘cloudy’ lethal injection as courts reject challenges: A week after an impure lethal injection forced Georgia to postpone the killing of its only female death row inmate, she has filed a civil rights suit accusing state prison officials of violating the U.S. Constitution by refusing to reveal the source of their execution drugs. In a complaint filed March 9 in Atlanta federal court, Kelly Gissendaner says the Department of Corrections is hiding behind the state’s “lethal-injection secrecy act” to avoid naming the compounding pharmacists who mix its pentobarbital, the barbiturate Georgia uses to kill prisoners through a massive overdose. (Pharmaceutical)

High-speed-trading firm asks court to toss ‘spoofing’ class action: A New York high-speed-trading firm has asked a federal judge to dismiss a class-action lawsuit accusing it of violating federal securities law by placing fake trades to manipulate stock futures. The complaint is “fatally deficient” because it fails to specifically identify bad trades and any ill market effect, Tower Research Capital LLC argues in its dismissal motion, filed March 4 in the U.S. District Court for the Southern District of New York. (Derivatives)

Arkansas Supreme Court OKs light-cigarette class action: Arkansas’ highest court has affirmed a lower court order certifying a class in a lawsuit accusing Philip Morris of duping consumers by marketing its Marlboro Lights cigarettes as safer than regular ones. On Feb. 26, the state high court rejected Philip Morris’ appeal, finding common issues predominate and a class action is the best way to adjudicate at least some of the plaintiffs’ claims. (Tobacco Industry)

Sports fan’s tweets were tasteless, not criminal, Missouri appeals court says: A defendant’s four tweets referencing a pressure cooker and the Boston Marathon during the 2013 World Series between the Cardinals and the Red Sox did not reasonably express a serious intent to commit violence, a Missouri appeals court has ruled. Robert Metzinger’s tweets were “tasteless and offensive” but did not communicate a threat — an essential element of the criminal charge against him, according to the Feb. 24 opinion issued by the Court of Appeals. (Computer & Internet)

Politics, trademark infringement don’t mix in Hershey suit: The Hershey Co. sufficiently stated a claim for trademark infringement against a Maryland politician who the candy company said unlawfully used its protected trade dress in his campaign materials, a federal judge has ruled. On Feb. 24, U.S. District Judge William D. Quarles Jr. of the District of Maryland refused to dismiss Hershey’s complaint against Republican state Sen. Steve Hershey. (Intellectual Property)