Damages

News & Analysis as of

Six Days In Court – Almost As Fun As A Christmas Party

I missed the office Christmas party. Doing so was one benefit of having a six-day trial 116 miles away. It wasn't just me who missed the holiday luncheon. My partners Joe and Tim and a legal assistant named Cheri each...more

How Damages Are Calculated in Accident Cases

Calculating damages in injury accidents is complex, involving considerations such as disfigurement, the loss of quality of life, ongoing medical costs, losses of earning capacity, pain and suffering, increased risks of future...more

Dedmon: The Destiny of “Reasonable” Medical Expenses in Tennessee

Currently pending before the Tennessee Supreme Court is a case that could change the face of personal-injury litigation in the state. Accepted for review on October 24, 2016, Dedmon v. Steelman asks whether the amount billed...more

2016 eDiscovery Case Law Year in Review, Part 2

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

The Ninth Circuit Loosens the Cap on Landlord Damages in In re Kupfer

Any property owner which has experienced the bankruptcy of a tenant is doubtless keenly aware of the limitation on damages which the Bankruptcy Code imposes on the landlord. A new decision by the Ninth Circuit bolsters the...more

A Liar and A Cheat? 3 Ways to Pay...

Seyfarth Synopsis: Insurer gets to pick its remedy when hospital engages in dishonest billing and illegal kickbacks…to the tune of $41 million. Judge Lynn Hughes of the U.S. District Court for the Southern District of...more

New York City Enacts Nation’s First Freelance Worker Protection Law

As 2016 came to a close, New York City became the first in the nation to enact a law establishing payment protections and remedies for freelance workers. On November 16, 2016, Mayor de Blasio signed into law the Freelance...more

Kevothermal, LLC to Pay $60,000 to Settle EEOC Equal Pay and National Origin Discrimination Lawsuit

Female Paid Less Than Male Co-Worker For Doing Similar Work and Told Not to Speak Spanish on Production Floor Though It Was Part of Her Job - Albuquerque, NM- - The U.S. Equal Employment Opportunity Commission (EEOC)...more

Thomson Reuters Publishes Fourth Edition Of Business And Commercial Litigation In Federal Courts, Containing Our Chapter On...

We are excited to report that in late December Thomson Reuters released the fourth edition of the multi-volume treatise Business and Commercial Litigation in Federal Courts. As in the first three editions, we contributed the...more

The 4-Hour Plaintiff: Author/Speaker/Podcaster Tim Ferriss Secures Default Judgment

Order Granting In Part And Denying In Part Plaintiffs’ Motion For Default Judgment, Timothy Ferriss, et al. v. Alliance Publishing, Inc., et al., Case No. 15-cv-05675 (Judge Edward M. Chen) - Tim Ferriss is known for...more

Property Reserve and Precondemnation Entries – The Epilogue

As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more

Limited Partners Take a Licking in Two Delaware Supreme Court Decisions

Notwithstanding the ascendency of the limited liability company, the Delaware limited partnership continues to serve as an important, tax-advantaged vehicle for certain capital-intensive ventures — especially in the energy...more

Three Point Shot - December 2016

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Employees' personal information must not be used unlawfully by employers

The case of Brown v. Commissioner of Police for the Metropolis is a reminder to employers that it is unlawful to use employees' personal information for anything other than its intended purpose....more

EEOC Sues Hiatt & Mason Enterprises For Racial Harassment

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charges - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, violated federal law when it subjected...more

U.S. Supreme Court Substantially Devalues Design Patent Damages on Multicomponent Products: What Design Patent Holders Need to...

The U.S. Supreme Court in a unanimous 8-0 opinion reversed and remanded to the U.S. Court of Appeals for the Federal Circuit an award to Apple, Inc. of $399 million of Samsung Electronics Co., Ltd.'s total profits on...more

SCOTUS clarifies damages analysis for design patents, reversing landmark damage award

In another rebuke of the Federal Circuit, the Supreme Court reversed an appellate decision that upheld an award of almost $400 million resulting from Samsung’s alleged infringement of three design patents covering aspects of...more

Supreme Court Update: Salman V. United States (15-628), Shaw V. United States (15-5991), Samsung Electronics V. Apple (15-777),...

Greetings, Court Fans! The Eight continue to churn out unanimous decisions to start the Term. This Update will cover four of them—Salmon v. United States (No. 15-628), clarifying the "personal benefit" element of...more

International Harmonization of Trade Secret Rights and Remedies

In a recently unprecedented bipartisan effort the United States enacted the Defend Trade Secrets Act (DTSA) on May 11, 2016. What many in the US do not know is that less than 30 days later the EU passed European Union...more

Samsung Secures 8-0 Win in the Supreme Court Reversing Apple's $400 Million Damage Award

The Supreme Court of the United States handed Samsung a victory yesterday by reversing a $400 million judgment previously won by Apple for infringement of several of Apple's design patents. In a unanimous 8-0 decision, the...more

SC Court of Appeals Rules No Compensable Taking - Case involved in police hostage rescue

The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a...more

France Adopts New Regime for Privacy Class Actions

A few weeks ago, France passed the Digital Republic Act which significantly enhances French citizens’ rights to privacy by offering new avenues to exercise rights and granting new powers to the French data protection...more

U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized...

Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more

Injunction Against Dismissed Party Remanded to Make Sure it Had its Day in Court

In Asmark Danmark A/S v. CMI USA Inc., [2016-1026, 2016-1183] (December 6, 2016), the Federal Circuit affirmed the district court’s rulings on infringement, invalidity and damages, but remanded as to the injunction insofar as...more

Part Time Workers Must Be Offered Additional Hours: San Jose’s Opportunity to Work Ordinance (Effective March 2017)

In the recent election, San Jose voters passed a voter initiative creating the “Opportunity to Work” ordinance. The purpose of the ordinance, which will become effective on March 13, 2017, is to promote full-time jobs and to...more

928 Results
|
View per page
Page: of 38
Popular Topics

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×