News & Analysis as of

Damage Caps

The publication of the Macron ordinances

by White & Case LLP on

The long-awaited reform of French employment law is now on track. The French government (the "Government") presented five draft ordinances outlining the different topics and related modifications that should be formally...more

France’s Employment Reforms to Go Into Effect in September

As President Emmanuel Macron had promised, major employment reforms are under way in France and the related ordinances have been published on August 31, 2017, after extensive negotiations with national unions, concerning, in...more

Recent Delaware Case Sets Trap for Unwary Regarding Acquisition Agreement Indemnification Caps

by Foley & Lardner LLP on

Acquisition agreements frequently contain maximum limits or “caps” on the sellers’ potential liability for losses resulting from breaches of the sellers’ and target company’s representations and warranties. However, the...more

Developments in civil litigation: second Jackson report published

by White & Case LLP on

Lord Justice Jackson's hotly anticipated report on fixed recoverable costs has just been published and makes a forceful case for fixed costs recovery in lower-value claims in England and Wales....more

Wisconsin appeals court rejects legal changes that GOP seeks nationally

Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...more

Missouri enacts new employment law favoring employers

by Thompson Coburn LLP on

On June 30, Governor Eric Greitens signed into law a new bill making notable changes to rights and remedies for claims under Missouri’s discrimination law (“MHRA”) and claims for whistleblower retaliation. The changes more...more

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

by Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

West Virginia Supreme Court Holds That State’s Cap On Punitive Damages Applies To Claims That Arose Before the Statute’s Effective...

In 2015, West Virginia enacted a statute that caps punitive damages at the greater of $500,000 or four times the compensatory damages. We blogged about the statute here, explaining that the West Virginia legislature was...more

GOP campaigning to strip patients of key legal protections

We all know how con artists work the streets. One might bump into you in a train or in a crosswalk, while the other grabs your wallet. Or one might smile and chat with a mom at a playground, while her partner nabs the purse....more

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

by Fisher Phillips on

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

What Do You Mean My Claim Is Capped? Ninth Circuit Ruling Further Clarifies Types Of Damages Excluded From A Landlord’s Claim In...

by Bryan Cave on

The Ninth Circuit Court of Appeals recently provided landlords dealing with a rejected lease with further guidance on the size and basis of their claims against a tenant’s bankruptcy estate. Kupfer v. Salma (In re Kupfer),...more

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

Texas Legislative Outlook

by Strasburger & Price, LLP on

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

Top 9 Mini Tort facts for repairing car accident vehicle damage

by Michigan Auto Law on

What you need to know on the Michigan Mini Tort maximum recovery limit, getting your car fixed and paid for, what do do if you’re in a crash with an uninsured driver, time limits to file a claim....more

Ohio Supreme Court Upholds Damage Caps As Applied To The Sexual Assault Of A Minor

by Reminger Co., LPA on

Except for certain limited circumstances, Ohio law limits, or caps, the maximum amount a person can recover for noneconomic damages such as pain and suffering. The Ohio Supreme Court recently upheld this limitation of damages...more

Replacing The Affordable Care Act: A Reality Infusion

by Dentons on

During the course of his campaign, President-elect Donald Trump repeatedly promised to repeal and replace President Obama's signature legislation, the Affordable Care Act (ACA). Certainly the Republican Party's continuing...more

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

by Reminger Co., LPA on

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

What is the Seventh Amendment to the U.S. Constitution?

The Seventh Amendment to the U. S. Constitution states: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury,...more

Court Caps Exemplary Damages Award Where Plaintiff Did Not Plead or Prove A Misapplication Of Fiduciary Property Capbusting...

by Winstead PC on

In Davis v. White, a lawyer sued his former partner over the application of a receivable. No. 02-13-00191-CV, 2016 Tex. App. LEXIS 3075 (Tex. App.—Fort Worth March 24, 2016, no pet. history). A jury awarded the plaintiff over...more

Texas Supreme Court Holds That Defendant Does Not Need To Plead Applicability Of Cap On Punitive Damages

An issue that seems to be arising with increasing frequency is whether the defendant must plead applicability of a cap on punitive damages in its answer. We have already explained why the argument that the cap is an...more

It’s an Election Year, So It’s Time for a Tort Reform Bill & Snappy Acronym

by Faegre Baker Daniels on

If it’s an election year, it must be time for someone in Congress to propose a tort reform bill and to come up with a snappy acronym—the more tortured, the better. And Rep. Trent Franks (R-Ariz.) has done just that, with...more

Dependent Contractors Awarded 26 Months’ Reasonable Notice

by Field Law on

Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale. In the case of Keenan v....more

The Question Remains Unanswered: Tennessee Supreme Court Rules that Ripeness Doctrine Precludes a Decision on the...

by Butler Snow LLP on

Commonly known as “Tort Reform,” the Tennessee Civil Justice Act of 2011 (the Act”), Tenn. Code Ann. 29-39-101 et seq., limits the amount an injured plaintiff may recover for non-economic damages to a cap of $750,000 (except...more

Who is Florida’s Attorney General trying to protect?

In Florida, do we citizens who live here comprise “the State”? The attorney general in Florida has launched another one of her battles; which I would guess she characterizes as “defending the best interests of Florida,...more

Tennessee Supreme Court Vacates Trial Court Ruling Holding Tennessee's Statutory Damages Caps Unconstitutional

by Baker Donelson on

In a previous "Litigation Alert for Businesses with Tennessee Operations," we reported that Judge Neil Thomas, Circuit Judge in Chattanooga, Tennessee, held that Tennessee's statutory cap on non-economic damages was...more

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