Damages

Temporary Regulatory Takings Do Exist in California!

by Katrina Diaz, Bernadette Duran-Brown, Brad Kuhn | Nossaman LLP on 5/17/2013

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

U.S. Supreme Court Raises Standards For Class Certification

by Kenneth A. Manning | Phillips Lytle LLP on 5/17/2013

Class certification is the critical factor in many class actions. It occurs when a court authorizes a putative class representative, usually an individual or a small group, to represent a much larger class of people who have...more

First Circuit Permits Insurer to Retain Policy Premiums Despite Rescission

by Aaron Mandel | Sedgwick LLP on 5/16/2013

Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy...more

California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages

by Marc Brainich | Sedgwick LLP on 5/16/2013

In two recent opinions, the California Court of Appeal has clarified and expanded the scope of the California Supreme Court’s holding in Howell v. Hamilton Meats and Provisions, Inc., 52 Cal.4th 541 (2011), regarding the...more

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

by Elizabeth Featherman, Camille Miller | Cozen O'Connor on 5/15/2013

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

Real World - Spring 2013: Damages include fall in market

by Sophie Ogilvie | Dechert LLP on 5/14/2013

Two recent cases have highlighted circumstances in which damages for breach of contract may include loss caused by a fall in market values....more

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 5/14/2013

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

Appellate Notes: Week of April 18th

by Edward McCreery III | Pullman & Comley, LLC on 5/14/2013

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

Car Accident Checklist

by Gelman Gelman Wiskow & McCarthy LLC on 5/13/2013

There is no doubt that being in a car accident is a frightening experience. When you were also injured in the accident it can be difficult to remain focused on all the things that need to be done. ...more

How to Deal with Property Damage After a Bicycle Accident

by Demas Law Group on 5/13/2013

While most people think of injuries to their bodies in a bicycle accident, there are other costs associated with this type of crash. Of course, physical injuries are the most serious type. Most people would rather suffer a...more

The ERISA Litigation Newsletter - May 2013

by Justin Alex, Anthony Cacace, Doughlas Dahl, Lisa Berkowitz Herrnson, Jacklina Len, James R. Napoli, Brian S. Neulander, Myron Rumeld, Neal Schelberg | Proskauer Rose LLP on 5/13/2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

San Diego Personal Injury Attorneys discussing Motorcycle Accident Law

by Mitchell | Gilleon Law Firm on 5/10/2013

Fighting for Your Legal Rights - San Diego is a community that's made for motorcycles. The weather is generally amenable to such modes of transportation, and being able to maneuver through traffic is an advantage to...more

San Diego Personal Injury Lawyers discussing Dog Bite Law

by Mitchell | Gilleon Law Firm on 5/9/2013

San Diego Dog Bite Lawyers: Fighting for Your Safety - San Diegans are like most Americans in that they love their dogs. Dogs are part of the family for most, and while this is admirable and generally positive, it can...more

What Are My Rights if I Was in a Hit-and-Run Bicycle Accident?

by Demas Law Group on 5/8/2013

Hit-and-run accidents are becoming epidemic in our society. Some attribute this surge to lax enforcement of criminal laws; others say that the number of unlicensed and uninsured drivers plays a role. Most likely, the reasons...more

When Should I Settle My Motorcycle Accident Case?

by Demas Law Group on 5/7/2013

In any case in which an individual is injured, there is a process of negotiation with insurance companies, the at-fault driver and other parties who may be responsible for payment of medical bills, lost wages and other...more

Patent Watch: Versata Software, Inc. v. SAP Am., Inc.

by Lawrence M. Sung | BakerHostetler on 5/7/2013

On May 1, 2013, in Versata Software, Inc. v. SAP Am., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Moore) affirmed-in-part, vacated-in-part and remanded-in-part the district court's judgment that...more

Can an undocumented immigrant recover damages after a car accident?

by Demas Law Group on 5/7/2013

Every day, undocumented immigrants are involved in car accidents and suffer injuries. However, many of these undocumented immigrants do not seek compensation due to the fact that they believe they are not entitled to any...more

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

by Samuel Sorich | Barger & Wolen on 5/6/2013

In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more

Supreme Court Denies Certiorari in MAO’s Double Damages Case

by Edward Waller | Fowler White Boggs P.A. on 5/3/2013

On April 15, 2013, the United States Supreme Court denied a petition for certiorari brought by GlaxoSmithKline (“Glaxo”) seeking review of a Third Circuit decision in favor of Humana Medical Plan (“Humana”), as a Medicare...more

An Officer And An Affirmation: Eighth Circuit Finds Officers Failed To Prove Damages In FLSA Claims

by Robert Hingula | Polsinelli on 5/3/2013

The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In...more

Preparing for Mediation: Where the Real Advocacy Begins

by Alysia Christiaen, Peter Kryworuk | Lerners LLP on 4/30/2013

The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire litigation process...more

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

by David Cho, Dorothy Black Franzoni, Jonathan Goldman, Amish Shah, Ram Sunkara, Thomas Warren | Sutherland Asbill & Brennan LLP on 4/29/2013

On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)...more

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