Compensatory Damages

News & Analysis as of

Weekly Law Resume - November 2013: California Court Finds 10:1 as Maximum Constitutionally Defensible Ratio Between Punitive and...

Thomas Nickerson v. Stonebridge Life Insurance Company - Court of Appeal, Second District (August 29, 2013) - The imposition of punitive damages by a jury has been one of the least predictable, most subjective...more

Insurance Company that Issues Liability Policy does not need to Defend Insured Party Against a Non-Financial Claim

In San Miguel Community Association v. State Farm General Insurance Company (2013) 220 Cal.App.4th 798), a third party's failure to seek compensatory damages against an insured rendered their dispute exempt from the insured’s...more

California Court Reins in Massive Punitive Award But Finds Fault With Insurer’s Claims Handling

The California Court of Appeal, in a 2-to-1 decision, has reaffirmed the constitutional limitations on the amount of punitive damages a jury may award against an insurer. In Nickerson v. Stonebridge Life Insurance Company,...more

What Are Punitive Damage & When Can I Seek Them?

There are two different types of damages available in a personal injury lawsuit; compensatory and punitive. Compensatory damages are intended to “compensate” a plaintiff for any losses he or she has suffered or will suffer in...more

Florida Requires Replacement Cost Payments Include Profit and Overhead Even if No Repairs Have Been Made

On July 3, 2013, the Florida Supreme Court held that an insurer making a replacement cost payment to a homeowner who had yet to repair the damaged property could not withhold payment of that component of replacement cost that...more

Virginia Supreme Court decision reversing $17.5 million asbestos verdict against ExxonMobil Corp. stands

On June 10, 2013, the U.S. Supreme Court declined to accept the appeal of a case dealing with the duty of ship owners, under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §§ 901, et seq.), to intervene in...more

Major Changes to Colorado Discrimination Law Will Negatively Impact Employers Large and Small

On May 6, 2013, Colorado Governor John Hickenlooper signed into law the Job Protection and Civil Rights Enforcement Act Of 2013 (Act), which amends the Colorado Anti-Discrimination Act (CADA), the state law prohibiting...more

US District Court Rejects Talley and Permits a Business Expense Deduction for Part of Double Damages Payment Under the False...

In a taxpayer-favorable decision earlier this month, the US District Court for the District of Massachusetts, following a jury verdict, entered judgment for a corporation in a tax refund suit permitting a business deduction...more

White Paper: The Other Shoe Drops – Corenbaum Answers Questions Raised by Howell

In Howell v Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 the California Supreme Court decided that a plaintiff’s recovery for past medical expenses is limited to the amount paid for the medical expenses after any...more

EEOC Wins Jury Verdict of More than $20 Million for Sexual Harassment and Retaliation

Florida Travel Agency Subjected Women to Verbal and Physical Abuse and Disrespect, Manager Fired for Complaining, Federal Agency Charged - TAMPA, Fla. - A federal jury has returned a unanimous verdict awarding a total...more

Riddell Found Negligent In Relation To Football Player's Injuries

One 17-year-old high school student had a life not that different from many other high school football players in Alabama. However, this football player's end is far more tragic than most, but sadly no longer becoming a rare...more

Alabama Construction Worker Awarded $1.7 million For Injuries

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

California Supreme Court Rules On Mixed Motive Defense To Discrimination Claims, But Large Verdicts Persist…

Wynona Harris, a bus driver for the City of Santa Monica (the City), alleged that she was fired because of her pregnancy in violation of the prohibition against sex discrimination under the Fair Employment and Housing Act...more

IRS Reporting Requirements for Class Action Settlement Payments and Court Awarded Damages

When finalizing class action settlements, or paying damage awards after a class action judgment, it is important to be mindful of the taxation of these payments and the related IRS information reporting requirements triggered...more

New York City on the Verge of Prohibiting Discrimination Based on an Individual's Unemployment Status

New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law – this time to prohibit discrimination against New York City’s unemployed. While several...more

The Most Plaintiff-Friendly Jurisdiction in Virginia?

Among liability defense counsel and those in the liability insurance industry, the City of Richmond has a long standing, widely-held reputation as one of the most plaintiff-friendly jurisdiction in Virginia, with a higher...more

J.A. Thomas & Assoc. Agrees to Pay $350,000 to Settle EEOC Disability Discrimination Suit

Health Care Consulting Firm Refused to Rehire Bilateral Amputee, Federal Agency Charged - DETROIT-The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has resolved its suit against J.A....more

EEOC Sues Paramount Janitorial Services, Inc. For Retaliation

Janitorial Service Unlawfully Fired Female Janitor for Complaining About Racist Slurs, Federal Agency Charges - PETERSBURG, VA. - Paramount Janitorial Services Inc., a Petersburg, Virginia based janitorial service...more

Receivers in Arbitration Proceedings

QUESTION: My client is involved in a partnership dispute. The partnership agreement provides all disputes are to be resolved by binding arbitration. I may want to have a receiver appointed to operate the partnership property...more

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