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Compensatory Damages Appeals

Maron Marvel

White Paper: Navigating the Growing Risk of Large and Nuclear Verdicts

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The risk of a large verdict has always been a major factor in any litigation. In recent years, the potential for a punitive damages instruction reaching a jury and a consequent verdict has grown as well. US juries have not...more

Goldberg Segalla

$107 Million Asbestos Verdict Set Aside after Findings of Misconduct

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Court: Superior Court of California, County of Los Angeles, Civil Division - In this asbestos action, a California state court set aside a $107 million verdict against defendants Union Carbide Corp., Elementis Chemicals...more

McDermott Will & Emery

A Healthy Dose of Seeds: Unique Combination Trade Secrets Entitled to Protection

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The US Court of Appeals for the Sixth Circuit upheld a jury verdict finding a dietary supplement company liable for misappropriating another company’s research and development (R&D) related to broccoli-seed extract. Caudill...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: When Are Punitive Damages Awarded?

When are punitive damages awarded? Under Arkansas law, a statute affixes the standard for awarding punitive damages, and the key element is a showing of express or implied malice. Under this rule, punitive damages are...more

Downey Brand LLP

Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse Cases

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Plaintiffs who sue for financial elder abuse run the risk that defendants will spend ill-gotten gains before they can be recovered. To address this problem, the California Legislature gave plaintiffs the opportunity to...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2022

Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 2021-1834 (Fed. Cir. June 3, 2022) - In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a $7M compensatory damages award and,...more

King & Spalding

Hardwick v. 3M: Broad Ohio Class Certified

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On Tuesday, March 8, Judge Edmund Sargus of the Southern District of Ohio issued an 49-page opinion certifying a class in Hardwick v. 3M Co. This is an important case the Focus on Forever team has its eye on. ...more

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

Smith Gambrell Russell

ECTA Anti-Counterfeiting Committee Report October 2021 – FY 2020

Smith Gambrell Russell on

I. Legal developments - 1. Next Investments, LLC v. Bank of China, No. 20-602 (2d Cir. 2021) In 2013, Nike, Inc. ("Nike") and Converse Inc. ("Converse") brought a trademark infringement action under the Lanham Act against...more

Patrick Malone & Associates P.C. | DC Injury...

Plaintiffs’ fortitude: It’s an admirable must when battling corporate fat cats

While too many of us get overdosed with clownish depictions - from doctors, hospitals, insurers, and corporations, especially Big Pharma firms - of how the civil justice system operates, it’s always worth a reminder of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

McGuireWoods LLP

To Win Punitive Damages for Pervasive Conduct in California, Plaintiff Must Specify Wrongdoer

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In a recent unpublished opinion, California’s 2nd District Court of Appeal handed down a potentially significant opinion on the application of punitive damages. In Morgan v. J-M Manufacturing Co. (Case. No. B297393), the...more

McDermott Will & Emery

Amended Opinion Hedges Constitutionality of Punitive Damages Award

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The US Court of Appeals for the Seventh Circuit amended its August 2020 opinion in Epic Systems v. Tata Consultancy to clarify that its analysis of punitive damages applies only to this particular case. Epic Systems Corp. v....more

Fisher Phillips

Student Protest Activity Leads to Massive Verdict Against University - Schools Face Legal Risks Related to Protest Movement

Fisher Phillips on

It may be common to see protest activity on your campus – but thankfully it is not common to see a massive jury award rendered against an educational institute due to that activity. An ongoing dispute at an Ohio college that...more

McDermott Will & Emery

Epic Punitive Damages Award Violates Due Process

Addressing the appropriateness of three separate damages awards totaling $520 million, the US Court of Appeals for the Seventh Circuit affirmed the lower court’s award of $140 million in compensatory damages, but found that...more

Proskauer - Law and the Workplace

Third Circuit Recognizes Trade Secret Misappropriation Claim by Party Possessing (But Not Owning) the Trade Secret

It is not often that a United States Court of Appeals issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2020 #2

PATENT CASE OF THE WEEK - Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., Appeal Nos. 2018-2215, et al. (Fed. Cir. Jan. 13, 2020) - In this appeal from the Western District of Washington, the Federal Circuit...more

Carlton Fields

Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial

Carlton Fields on

The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more

White & Case LLP

English Court of Appeal slashes UK's first cartel follow-on antitrust damages award and emphasises claimants' burden to prove...

White & Case LLP on

In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

White & Case LLP on

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Holland & Hart - Employers' Lawyers

Court: 2013 CADA Amendments Give More Remedies to State Employees

On April 4, 2019, the Colorado Court of Appeals issued its decision in Houchin v. Denver Health and Hospital Authority, holding that under 2013 amendments to the Colorado Anti-Discrimination Act (CADA), state employees may...more

Mayer Brown

Mayer Brown Submits Amicus Brief For Chamber Of Commerce In Seventh Circuit Appeal Involving Proper Application Of Punitive...

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Although the Supreme Court identified three guideposts for evaluating whether a punitive award is unconstitutionally excessive 23 years ago in BMW v. Gore and refined those guideposts 16 years ago in State Farm v. Campbell,...more

McDermott Will & Emery

Appellate Court Generates Patent Treatise in Car-Tracking Patent Case

Addressing the appeal of a judgment that four US patents were infringed and not invalid, the US Court of Appeals for the Federal Circuit: • Found waiver regarding a claim construction issue • Found direct infringement...more

Mayer Brown

California Court Of Appeal Affirms Remittitur Of Punitive Damages To Lower Than 1:1 Ratio

Mayer Brown on

In State Farm Mutual Automobile Insurance Co. v. Campbell, the Supreme Court strongly implied that in some cases even a 1:1 ratio of punitive to compensatory damages might be too high. In Torres v. B/E Aerospace, Inc., the...more

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