News & Analysis as of

Calculation of Damages

Soto v. Sacco

Arizona Supreme Court Clarifies Standards for Remittitur in Soto v. Sacco - The Arizona Supreme Court has clarified the standard for remittitur (and additur) under Ariz.R.Civ.P. 59(i) (now Rule 59(f)), as well as the...more

Damages in Illinois Medical Malpractice Cases Not Limited

by Howard Ankin on

There are no limits on medical malpractice damages amounts in Illinois in cases that have occurred since 2010. This means that the victims of medical malpractice might be able to recover damages that fairly compensate them...more

Defeating Proposed Common Issues—Lessons from Pro-Sys

by Bennett Jones LLP on

Kalra v Mercedes Benz Canada, 2017 ONSC 3795, is a recent certification decision of the Ontario Superior Court in which Justice Belobaba certified the proposed emissions standards class action seeking damages for diminution...more

FCA Deeper Dive: Developments Regarding Penalties and Damages

by Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

Dow obtains largest Canadian patent infringement award in history

by Smart & Biggar on

The Federal Court has issued its Further Judgment and Reasons (2017 FC 637) concerning the amount of financial compensation to be paid to the Dow Chemical Company as a result of earlier patent infringement and validity...more

FRANCHISEE 101: McDonald's Shaking Damages for OT Policy

by Lewitt Hackman on

In Los Angeles Superior Court, McDonald's claimed victory when 6,600 workers seeking $41 million in back pay and penalties came away with less than 2% of the amount sought in a claim that the fast-food giant cheated them out...more

Court holds that displaying photos requires more than making them available

by Thompson Coburn LLP on

While a donut with no hole may be a Danish, a photograph is not publicly displayed if the public never sees it. And in photography copyright cases, these near metaphysical questions matter....more

Workwise: Certain Earnings During Notice Period Not Considered Mitigation

by Field Law on

On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain...more

Bottini v. GEICO: Parties to Bad Faith Action Not Bound by $30.8 million-dollar Verdict Without Appellate Review

For years, when a bad faith action was brought pursuant to a jury verdict in excess of policy limits in the underlying UM claim, everyone assumed the jury verdict was binding in the bad faith action. Then, Bottini v. GEICO...more

Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazadone drug submission

by Smart & Biggar on

On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that Apotex failed to mitigate the damage it incurred as the result of Health Canada’s misfeasance in public office and negligence in its...more

Apple v. Samsung: What Does it Really Mean for Consumer Product Companies?

In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more

California Ordered to Immediately Pay Attorneys’ Fees in ‘Targate’ Case

by Zapproved LLC on

United States v. HVI Cat Canyon, Inc., No. 2:11-cv-05097-FMO (PLAx) (C.D. Cal. Apr. 20, 2017). In this case, a plaintiff’s failure to properly issue and confirm legal holds led to the spoliation of evidence and...more

Rx IP Update - April 2017

by Smart & Biggar on

Teva awarded section 8 damages regarding pregabalin and olanzapine - On March 30 and April 4, 2017, the Federal Court released two decisions on the merits under section 8 of the Patented Medicines (Notice of...more

Dow succeeds on major issues in patent infringement profits case

by Smart & Biggar on

The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company (“Dow”) and NOVA...more

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

The Battle over Damages for Delayed Proceedings at EU General Court Continues

by Jones Day on

The controversy continues over damages for excessively lengthy proceedings at the European Union ("EU") General Court. In March 2017, both the EU and Gascogne initiated appeals before the EU's highest court in challenge of...more

The Supreme Court reinforces the SAAMCo Principle

by Dentons on

The Supreme Court in BPE Solicitors v. Hughes-Holland [2017] UKSC 21 (also known as Gabriel v. Little) has considered for the first time, and reinforced, the principles set out in the landmark professional negligence case of...more

Damages: The Dark Side of Having Employees in the United States

by Dorsey & Whitney LLP on

Canadian employment law is, in many ways, far more employee favorable than U.S. employment law. With the exception of a few states, employment in the United States is “at-will.” ...more

Federal Court knocks TPM circumvention with significant damages award

by DLA Piper on

In a major victory for Nintendo, the Federal Court of Canada awarded $12.7 million in damages for circumventing technological protection measures (TPMs) and copyright infringement. This decision (America of America Inc. v...more

Update: JANSSEN v. CELLTRION – Damages in Biosimilar Cases

by Goodwin on

The court has issued a memorandum and order reflecting the guidance it provided during the Feb. 23 and 24, 2017 hearing concerning the standards for determining damages in the litigation. The guidance is here....more

Remand to District Court to Attempt to Identify “Article of Manufacture” for Design Patent Damages

by McDermott Will & Emery on

Addressing the design patent battle between Apple and Samsung on remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit declined to apply the new standard or to order specific...more

Frequently Asked Questions About Wrongful Death

The state of California, like other states, has its own version of a wrongful death statute. While many people confuse wrongful death with cold-blooded murder, in fact, a wrongful death happens due to the negligence or...more

Rx IP Update - February 2017

by Smart & Biggar on

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement - On February 2, 2017, the Federal Court of Appeal released a...more

Claimants' Guide to Antitrust Competition Litigation in EU

by Bryan Cave on

Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more

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