In the recent decision in Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013), the Massachusetts Supreme Judicial Court (SJC) found that an $18 million punitive damages award based on gross negligence was not grossly excessive...more
Limitations on liability and disclaimers of damages for breach of contract claims are commonplace in outsourcing, licensing and procurement agreements. These provisions can create contentious negotiations as the parties seek...more
As of August 2013, since the fallout from the recent financial crisis, the FDIC as receiver for failed banks has brought suit against former directors and officers of 76 failed institutions. These lawsuits are based on...more
On August 15, 2013, the Supreme Court of Canada dismissed the application for leave to appeal in Terry E.Taylor v. Her Majesty the Queen (2012 FCA 148).
In Taylor, the issue was whether a signed settlement agreement...more
Fall-out from the subprime and Alt-A mortgage crisis continued recently with court approval of a multi-million dollar settlement of a lawsuit filed against former top officers of what had been one of the country’s leading...more
Readers of this journal may recall the judgment of Mitchell Morgan Nominees Pty Limited v Vella  NSWCA 390, which we covered in the Legal Notebook section of the March 2012 edition. That judgment...more
Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation.
After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more
In This Update:
European Parliament Approves European Unitary Patent and Unified Patent Court; Gross Negligence Insufficient to Establish Deceptive Intent for Inequitable Conduct; and Federal Circuit Eases Requirements...more
Earlier this year, the Quebec Court of Appeal rendered two decisions addressing the issue of gross negligence coverage in insurance law. These decisions offer two contradictory conclusions as to the validity of exclusion...more