Damages

News & Analysis as of

Australia: Official supplier of statistics to the NRL fails to obtain interlocutory injunction for breach of its intellectual...

On 8 May 2014, Sports Data Pty Ltd (Sports Data), NRL’s previous official supplier of statistics, filed an interlocutory applications against Prozone Sports Australia Pty Ltd (Prozone), the new supplier of statistics to the...more

“Disgruntled and aggressive clients” posed safety threat under OHSA

An employee who was fired one day after complaining to the Ministry of Labour that she felt threatened by “disgruntled and aggressive clients” was entitled to damages for the retaliatory discharge, the Ontario Labour...more

SimpleAir Wins a $85 Million Jury Verdict Against Google

A Texas jury has awarded SimpleAir, Inc. $85 million from Google for infringing the company’s patent generally relating to transmitting Internet-based data to computers and mobile devices. Google’s accused services included...more

Does Litigating Make Economic Sense?

One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying...more

Eleventh Circuit Rejects Excess Insurers Bad Faith Claim Against Primary Insurer Due to Lack of Damages Causation

The Eleventh Circuit Court of Appeals reversed a Florida district court’s award of damages to the excess insurer on the ground that the excess insurer failed to prove the primary insurer’s alleged bad faith had caused the...more

That's "a Lot of Kebab"!

The Full Federal Court of Australia (Court) has made its first award of 'additional damages' for trade mark infringement. This decision is promising news for trade mark owners, who can take encouragement from the Court's...more

Legal Alert: Supreme Court of Texas Finds Contractors Cannot Recover Delay Damages for Negligent Misrepresentation Against an...

On June 20, Texas joined a number of states that apply the economic loss rule to damages claims arising from negligent misrepresentation between contractors and the owner’s architect. In LAN/STV v. Martin K. Eby Construction...more

Golden Bridge v. Apple: No Third Bite at the Apple as Damage Expert Excluded After Two Failed Reports and Where Trial Was Already...

Two weeks earlier, the court excluded the expert opinion and testimony of Plaintiff Golden Bridge Technology's ("GBT") damages expert. Nonetheless, the court gave GBT one week to submit a new report based on a new theory....more

Undoing MICRA

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

The Evolution of Patent Damages [Video]

Patent damages have gone through somewhat of a renaissance over the last several years, changing the landscape of how patent litigators demonstrate damages in patent cases. Attorneys William Manning and Christopher Seidl...more

New Tools in the Zoning Game

As of July 1, 2014, Virginia landowners will have a new tool to use in the zoning game. On April 6, 2014, Governor McAuliffe signed SB 578 into law. The bill provides a damages remedy for applicants seeking zoning or...more

The Timeline Following a Workplace Accident

The workers’ compensation process differs from a civil lawsuit to collect damages for third-party liability or other types of personal injury claims. You and your employer are held to strict procedures and timelines governed...more

Can a Settlement Offer by an Insurer Lead to Treble Damages?

Under North Carolina law, insurers may not engage in certain prohibited practices. Chapter 58 of the North Carolina General Statutes enumerates these practices....more

EU’s Top Court Rules Cartel Victims Can Claim Damages From Cartelists Despite No Contractual Link

In a landmark ruling, the EU’s top court, the European Court of Justice (ECJ) in Kone and Others C-557/12 of 5 June 2014, has held that, where a cartel causes competing companies to increase their prices, the members of the...more

Court Awards $5.6 Million In Damages For Covered Claims Under Retrocession Agreements

A federal district court has awarded Munich Re $5.6 million in damages in its breach of contract action against American National Insurance Company for ANICO’s nonpayment of certain claims the court previously determined were...more

"Court Rules That Cartel Members Are Liable for 'Umbrella Claims'"

In a judgment that may expand civil damage liability for cartel participants significantly (Case C-557/12, Kone AG and Others, judgment of June 5, 2014), the European Court of Justice (the ECJ) has ruled that a cartel’s...more

Halifax Health Gets In More Hot Water

You probably didn’t think Florida’s Halifax Health could make its situation any worse. After all, only two months ago Halifax agreed to pay $85 million to settle just the first half of a Medicare fraud case. That still...more

Damages for Breach of a 12-Month Non-Compete Covenant

In Merlin Financial Consultants Ltd v Cooper [2014] EWCH 1196, the High Court awarded damages to an employer where the employee had breached a 12-month non-compete covenant in a business (rather than employment) agreement. ...more

Texas Jury Awards Damages for Fracking Nuisance Claim for the Second Time

Last Friday, a Texas jury awarded a Tarrant County couple $20,000 in damages after finding activities at a natural gas drilling site located 165 feet from their property constituted a temporary private nuisance. The verdict...more

San Allen Decision on Ohio BWC Group Rating Affirms Trial Court

The Ohio Bureau of Workers’ Compensation’s appeal of a Cuyahoga County judge’s decision awarding $860 Million in damages to a class of employers has been rejected by the Court of Appeals. “Reduced to its irreducible essence,...more

US Supreme Court Eliminates Laches Defense in Virtually All Copyright Infringement Claims

In Petrella v. Metro-Goldwyn-Mayer, the US Supreme Court resolved a circuit split and ruled that the equitable defense of laches does not bar a plaintiff’s claim for damages brought within the Copyright Act’s three-year...more

Wage Hour Claims and Casuto v. Town of Greenwich: The Department of Labor Investigation Is Not The End of The Story

Employers who have been through an investigation by the Connecticut Department of Labor Wage & Workplace Standards Division unfortunately have intimate knowledge of the potential burdens of defending against employee wage...more

Zero Damages Does Not Preclude Equitable Relief

Platypus Wear, Inc. v. Horizonte LTDA - The U.S. Court of Appeals for the Eleventh Circuit vacated and remanded a district court’s conclusion that where the jury found liability but awarded zero damages, the district...more

“A letter of intent is the invention of the devil [that] should be avoided at all costs.” -- Stephen R. Volk, Esq. regarding the...

A Dallas jury recently reminded us why Mr. Volk lamented letters of intent. Enterprise Products Partners, L.P. is currently appealing that jury’s finding of $319MM in actual damages and $914MM for improper benefits due to...more

Adjudicator’s Award Was Shaming Of Union Officials For “Ongoing Campaign”, Harassment Of Member Which Breached Duty Of Fair...

A union member has won a legal battle against local union officials after they engaged in a “campaign” against him that attacked his credibility and resulted in him being subjected to a harassment complaint. ...more

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