Damages

News & Analysis as of

Windmill Farms Nurseries to Pay $40,000 to Settle EEOC Sexual Harassment Lawsuit and Retaliation

Female Agricultural Worker Was Subjected to Sexual Harassment by Crew Leader and Fired for Complaining, Federal Agency Charged - Tampa, Fla. - Windmill Farms Nurseries, Inc., a plant material wholesaler and nursery...more

Design Protection Goes Global: The Hague Agreement Will Change Industrial Design Strategies

The Hague Agreement Concerning the International Registration of Industrial Designs, more commonly known as the “Hague Agreement,” is a treaty that establishes an international filing system for industrial design...more

9 Tips to Help Employers Avoid Violations of the Fair Labor Standards Act

Wage and hour law is complex. Compliance is challenging, and although a company may have systems and policies in place, a manager or supervisor can put the company at risk for unpaid wages if they are not familiar with all...more

Weavering: Appeal court judgment clears directors of wilful default

On 12 February 2015 the Cayman Islands Court of Appeal handed down its long-awaited judgment in Weavering Macro Fixed Income Fund Ltd v Peterson and Ekstrom. The case, which measured the liability of directors, sent...more

The Consequences of Walking Away: Breach of Contract in Commercial Real Estate

The temptation happens often: the deal is done, the ink is dry, the contract is finalized…then someone gets cold feet. Buyers don’t want to buy, sellers don’t want to sell, money gets tight, titles can’t be delivered, etc....more

Economic Justification in the Assessment of Abusive Terminations of Longstanding Commercial Relationships

International companies with operations in France, or those that conduct regular business with French commercial partners, should be aware that their longtime French commercial partners could be entitled to claim compensation...more

Navigating Patent Damages Part II: How Infringement Allegations Can Impact or Limit Potential Damages

Previously, we discussed the implications of the failure to mark defense on damages prior to the filing of a patent case. In this next article in the series, we examine how allegations of direct and/or indirect infringement,...more

No Diagnosis, No "Damages": Wisconsin's Construction Statute of Repose in Asbestos Cases

How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10...more

Delayed EU Court Proceedings Can Give Rise to Claims for Damages

The time taken by the European judiciary to adjudicate on cases is of increasing concern. Failure by the General Court to conclude proceedings within a reasonable time triggers a right to compensation. In order to obtain...more

Germany: German Federal High Court rules on two eBay offer listing cases

On 12 November 2014, the German Federal High Court (BGH) ruled that a sales contract for a used car concluded on the internet platform eBay was valid, even though the seller ended the listing early when the buyer’s initial...more

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

Recent Tax Court Decision Addresses the Tax Treatment of Amounts Received for Anticipated Injuries

On January 23, 2015, in Perez v. Commissioner, 144 T.C. No. 4, the U.S. Tax Court held that a woman was taxable on the $20,000 she received for serving as an “egg donor” to an infertile couple. To serve as an “egg...more

Court Rules On Curative Jury Instruction Regarding Damages

Transcenic, Inc. v. Google, Inc., C.A. No. 11-582-LPS, January 12, 2015. Stark, J. Court resolves dispute regarding curative jury instruction relating to damages....more

Protections Governing Theft and Publication of Medical Records

As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more

The Defamation Act 2013: To sue or not to sue?

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more

District Court Declines to Award Supplemental Damages for Pre-Verdict Damages Even Though Defendant Did Not Produce All of Its...

After a jury trial in which TransPerfect was awarded damages, TransPerfect moved for an award of supplemental damages under 35 U.S.C. § 284 on the theory that the jury did not award it damages for infringement that occurred...more

Can Attorneys be Held Liable for Damages to the Adverse Client?

On October 9, 2014, the New Jersey Supreme Court announced that it would hear the case of Innes v. Marzano-Lesnevich. The case deals with the interesting question of whether attorneys can be held liable for damages to...more

Autozone's Predicament: A $185 Million Punitive Damage Award

The record $185 million punitive damage award by a California jury in November 2014 against AutoZone has been widely reported. This huge verdict raises immediate questions: How did this happen? What circumstances led the jury...more

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

Damages in “Aggravated Breach” Cases

We have written before about the “aggravated breach of contract” theory under N.C. Gen. Stat. § 75-1.1. This theory can make a breach of contract a springboard to treble damages....more

December 2014: Securities and Structured Finance Litigation Update

Recent Cases Signal That Victims of Terrorist Attacks May Be Able to Collect Damages from Financial Institutions. A pair of decisions from the United States Court of Appeals for the Second Circuit and United States District...more

Navigating Patent Damages Part I: A Primer on the Failure to Mark Defense

Navigating damages in patent cases is a complex exercise. In this series, beginning with the marking statute, we explore various nuances of damages analysis. Pursuant to statutory authority, it is well known that a...more

Tenant Absence During the Lease Term: Protecting Your Property

Every landlord’s goal is to have his/her rental property under lease and occupied by tenants who will not only pay their rent on time, but who will properly use and maintain the property. After all, the property is an...more

A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence

Oracle Corporation v. SAP AG - The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can...more

Three Billy Goats Gruff

(You know . . . the fairy tale about trolls.) This summer, PwC published its 2014 Patent Litigation Study. The tagline of the study is “[a]s case volume leaps, damages continue general decline.”...more

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