News & Analysis as of

Diminution in Value

Mitchell, Williams, Selig, Gates & Woodyard,...

Real Estate Developer/Landfill: New York Court Addresses Common Law Action/Diminution in Value Claim

New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more

Sheppard Mullin Richter & Hampton LLP

Diminution in Value As A Measure of Damages for Trade Secret Misappropriation

Whether under the federal Defend Trade Secrets Act (“DTSA”) or under state law uniform trade secrets acts (“UTSA”), assessing monetary damages in trade secret misappropriation cases is rarely easy. By definition, trade...more

A&O Shearman

Reflective loss rule does not apply to claim by indirect shareholder

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The rule against reflective loss does not apply to a claim by an “indirect” shareholder in a company. Applying the rule, as restated by the majority of the Supreme Court in Marex v Sevilleja, to a joint venture dispute, the...more

Cohen & Gresser LLP

The UK Supreme Court Seeks to Clarify the Reflective Loss Principle (or Whose Claim is it Anyway?)

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What is the reflective loss principle? • The English law principle of reflective loss traditionally held that when a company suffered loss as a consequence of the actions of a third party, the loss suffered by its...more

Stinson - Government Contracting Matters

When Selecting Protest Grounds, Don’t Forget the Prejudice

Sometimes the most basic rules can be the easiest to forget. One case in point relates to the key role of competitive prejudice in successful protests. No matter how often contractors hear it, this reality bears repeating,...more

Carlton Fields

The Impact of the Duty to Mitigate on Diminution of Value Claims

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Buyers in M&A deals often contend that they value a target company based on the seller’s representations and warranties. If the buyer later determines those representations and warranties were false, it may argue that, as a...more

Carlton Fields

RWI Claims That Keep You Up at Night

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No One Likes a Bad Deal- Sometimes an acquired company’s revenues and earnings decline substantially following an acquisition. The investment is worth less to the new owner and the reputations of the deal team that...more

Seyfarth Shaw LLP

Recent Developments In Securities Litigation: The “Event Driven” #MeToo Lawsuit

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The #MeToo movement has had an enormous impact on corporate America. Workplace harassment and sexual misconduct are not new concepts and have been the focus of litigation for many years. However, the power of the #MeToo has...more

Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

Nossaman LLP

Court Of Appeal Provides Timely Reminder Regarding A Contractor’s Use Of Property For Staging And Proper Calculation Of Damages...

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In a recent unpublished Court of Appeal decision, Downs v. City of Redding (October 30, 2018), the Court took up two distinct issues: (a) whether a contractor’s use of property for construction staging constitutes a taking...more

Dechert LLP

English Court of Appeal Clarifies the Ambit of the Rule Against Reflective Loss

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In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited,1 the Court of Appeal helpfully summarised the justifications for the English law rule against claims for reflective loss and confirmed that the rule...more

Bradley Arant Boult Cummings LLP

Alternative Measures of Damages in Real Property Disputes in Tennessee

When it comes to actions arising out of damage to property by a contractor, especially in the residential real property context, Tennessee courts typically balance the cost to repair versus the diminution in value of the...more

Ballard Spahr LLP

Fiat Chrysler Car Hacking Case Put In Neutral

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Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

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Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Snell & Wilmer

The “Ugly” Property Next Door is Ruining My Property Value

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Traditional bases for private nuisance claims include circumstances where noise, light, vibration, or odor emanating from a neighboring property harm the value of your property. Such bases can be objectively verified and...more

Robinson+Cole Class Actions Insider

Georgia Diminished Value Putative Class Action: Motion to Dismiss Decision

In prior blog posts, I’ve covered developments in the putative class actions against insurance companies in Georgia involving diminution in value on property insurance claims (see my March 11, 2016 post, for example)....more

Polsinelli

The Devil's Dictionary of Bankruptcy Terms: Indubitable Equivalent

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The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy...more

Haight Brown & Bonesteel LLP

No Right to Diminution in Value Damages Following First Party Payment for Costs of Vehicle Repair

In Baldwin v. AAA Northern California (No. A142217, filed 6/13/16), a California appeals court upheld an order sustaining an insurer’s demurrer without leave to amend, dismissing a breach of contract and bad faith lawsuit...more

Beveridge & Diamond PC

North Carolina Court of Appeals Caps UST Damages to Diminution in Property Value

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Illustrating the limits on damages available to North Carolina landowners in toxic tort cases, the North Carolina Court of Appeals upheld a trial court’s order capping damages at the diminution in the value of the...more

BakerHostetler

Diminished Value Claims Under Homeowners Coverage Certified in Georgia Class Action

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The court in Thompson v. State Farm Fire & Cas. Co., 2016 U.S. Dist. LEXIS 30308 (D. Ga. 2016), recently issued a mixed ruling on class certification regarding diminished value claims for Georgia homeowners. The plaintiffs...more

Robinson+Cole Class Actions Insider

Property Insurance Diminution in Value Class Action: Georgia Federal Court Certifies Class

One of the issues I’ve been covering on this blog is a series of putative class actions in Georgia arising out of a Georgia Supreme Court decision in 2012, which held that diminution in value of real property is potentially...more

Robinson+Cole Class Actions Insider

Property Insurance Diminution in Value Class Action: Georgia Federal Court Dismisses Declaratory Judgment Claim

A while back, I wrote about a Georgia Supreme Court decision, Royal Capital Development LLC v. Maryland Casualty Co., that held that diminution in value of real property is potentially covered under a property insurance...more

Arnall Golden Gregory LLP

Georgia Court Confirms Measurement of Damages from Construction Stormwater Runoff onto Adjacent Property

The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more

Bracewell LLP

Obtaining Diminution in Value Damages for Seller Misrepresentations in M&A Agreements: New Ruling in the Southern District of New...

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On September 28, 2015, the U.S. District Court for the Southern District of New York issued an Opinion and Order (the Opinion) in favor of our client, Stanley Black & Decker, Inc. (SB&D), in its litigation arising from SB&D’s...more

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