Civil Remedies Personal Injury

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Michael Jordan Testifies He Doesn’t Do Deals For Less Than $10 Million: Jury Awards Him $8.9 Million In Lawsuit Over Use Of His...

A jury awarded Michael Jordan $8.9 million this week after he testified he doesn’t do deals for less than $10 million and he would never have done a deal with the grocery store chain Dominick’s Finer Foods, LLC, as it wasn’t...more

Jordan $8.9M – Dominick’s 0: Star Wins Over Unauthorized Use of Name

For years, Michael Jordan dominated opponents on the basketball court. Now, he seems to be doing the same in legal courts. Last week, a jury ordered Chicago grocery chain Dominick’s (now owned by Safeway) to pay the former...more

Virginia Supreme Court Decides Punitive Damages Case

In the recent case of Cain v. Lee, the Virginia Supreme Court determined that the Circuit Court for the County of Stafford erred when it granted a jury instruction that provided that “punitive damages are generally not...more

CCP § 998 Fees Are Recoverable Despite Claim For Indemnity

In Litt v. Eisenhower Medical Center, 2015 DJDAR 6921, the California Court of Appeal for the Fourth District ruled that CCP § 998 fees were recoverable by a defendant even though another defendant had an obligation to...more

One Business Day Delay In Delivering Settlement Check Costs Insurer $1.1 Million

A South Carolina federal district court judge has ordered that Nationwide must pay an accident victim $1.1 million, in excess of the $50,000 Nationwide policy, as a result of Nationwide’s failure to timely respond to a...more

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

CCP § 998 Offers: Court Clarifies Entitlement to Costs in Multi-Party Cases

David Litt v. Eisenhower Medical Center, et al. - Court of Appeal, Fourth Appellate District (June 19, 2015) - The purpose of California Code of Civil Procedure (“CCP”) § 998 is to encourage the settlement of...more

Dust in the Wind

Delta Blue Blueberries filed suit in California against Wilbur-Ellis Company, Semi-Tropic Water Storage District, and Alpine Helicopter Service Inc. for negligence and trespass. (Case No. 39-2015-0032670-CU-NP-STK in the...more

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

California Court of Appeals Holds Liability Insurer May Obtain Equitable Subrogation Against its Insured’s Contractual Indemnitor...

In Valley Crest Landscape, Inc. v. Mission Pools of Escondido, Inc., 238 Cal.App.4th 468 (2015), the California Court of Appeals held that an insurer could successfully recover on a claim for equitable subrogation against the...more

Tenth Circuit Finds Price-Anderson Act Does Not Preempt Nuisance Claims

This decision departs from all other federal circuits that have addressed the issue and, if adopted by other courts, represents a significant expansion of potential liability for operators in the nuclear energy industry....more

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

If You Can't Say Anything Nice: Criticizing Contractors Can Be Costly

Construction projects can turn acrimonious — and bad feelings often survive dispute resolution. But think twice before voicing thoughts or opinions about a fellow project participant. A false statement about another’s...more

Proper Measure of Medical Damages, Admissibility Of Evidence, and Sufficiency of Evidence in Tort Cases Involving an Uninsured...

Omar Bermudez v. Faith Ciolek - Court of Appeal, Fourth Appellate District (June 22, 2015) - Issues that remained unanswered after the Howell and Corenbaum decisions included: (1) what is the proper measure of...more

Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in...more

"Appellate Court Affirms Ruling Allowing Punitive Damages in New York City Asbestos Cases"

In a unanimous ruling decided July 9, 2015, New York's Appellate Division, First Department declined to overrule an April 2014 order by Justice Sherry Klein Heitler, the then-coordinating justice of the New York City Asbestos...more

Medical Malpractice Damage Caps — A Balance of Justice

In a recent landmark decision for the citizens in the State of Florida, Florida’s Fourth District Court of Appeals, the appellate court for Palm Beach, Broward, and the counties to their north, issued an opinion finding the...more

Bringing Punitive Damages to the Forefront of Florida Trucking Litigation

Having punitive damages imposed against a trucking company is often a source of great anxiety for defense attorneys and their trucking company clients. Florida attorneys skilled in the handling of truck accident cases...more

Virginia Supreme Court Holds That Courts May Not Instruct Juries That Punitive Damages Are Disfavored

The drafting of jury instructions on punitive damages presents unique challenges for defense lawyers. On the one hand, it is generally necessary to ask for an instruction that goes beyond existing law in order to preserve...more

Sirius Wins One in Florida, Florida, Florida!

On June 22, 2015, the Southern District of Florida held that artists have no public performance rights in their pre-1972 sound recordings under Florida law, in contrast to decisions from California and New York in related...more

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

It’s Time We Finally Do Something About §42-1-580

My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there...more

PA Judge Nixes Employees’ Negligence Claim for Data Security Breach

Red On May 28, 2015, in the first known ruling of its kind, a trial court in Allegheny County held that Pennsylvania law does not recognize a civil cause of action against companies for failing to secure its employees’...more

Data Breach Negligence Claims Not Recognized in Pennsylvania

In an important and well-reasoned 12-page decision, Judge Wettick of the Court of Common Pleas of Allegheny County refused to create a common law duty to protect and secure confidential information. The decision was issued in...more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

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