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Punitive Damages

Establishing Entitlement to Punitive Damages: The Not So Puny Standard

by Fox Rothschild LLP on

Punitive damages may be awarded in civil actions as a form of punishment to deter others from engaging in conduct similar to the defendant. Punitive damages are only available for certain claims, such as intentional torts,...more

Smoke Screens & Side Shows

by Reed Smith on

We confess, we can’t think of any good reason for admitting evidence concerning product risks that the plaintiff in a particular case never actually encountered – yet plaintiffs try it with a straight face all the time. It’s...more

Bankruptcy Court Imposes Massively Disproportionate $45 Million Punitive Exaction, Then Plays Santa Claus With $40 Million Of It

A bankruptcy judge in the Eastern District of California recently issued a decision that is sure to raise appellate eyebrows. Concluding in In re Sundquist that the defendant bank had violated the automatic stay by...more

Bank of America Must Pay $46 Million for Improper Foreclosure

Brian Davidoff was quoted in a Los Angeles Daily Journal article on March 28, 2017, discussing U.S. Bankruptcy Judge Christopher M. Klein’s ruling in Sundquist v. Bank of America NA which awarded Erik and Renee Sundquist...more

What is the Cost of Racial Profiling?

by Bennett Jones LLP on

The Ontario Divisional Court says it’s $75,000. In Elmardy v Toronto Police Services Board, a significant decision by the Divisional Court, the three-judge panel awarded a victim of racial profiling damages of $75,000....more

Caveat creditor: Risks of filing an involuntary bankruptcy

by Thompson Coburn LLP on

When faced with a recalcitrant debtor, clients sometimes move too quickly to put the debtor into an involuntary bankruptcy, especially when fraudulent transfers and other creditor avoidance attempts become apparent. But...more

Beware of Potential Punitive Damages Associated with Section 1983 Actions

by SmithAmundsen LLC on

Under Title 42 § 1983 of the U.S. Code, liability is imposed upon individuals and entities that act “under color of law.” Based on the Fourth Amendment, people have the right to be secure against unreasonable searches and...more

Reading the Crystal Ball: Reservation of Rights Letters under South Carolina Law in the Wake of Harleysville Group Insurance v....

by Carlton Fields on

The South Carolina Supreme Court recently took a firm stance on what constitutes a sufficient reservation of rights letter in Harleysville Group Insurance v. Heritage Communities, Inc., et al., — S.E.2d — , No. 2013-001281,...more

Breach of Fiduciary Duty (and Related) Claims Are Not Easily Defeated: A Case Study in Motions for Judgment on the Pleadings

by Robins Kaplan LLP on

Just what must be alleged for claims for breach of fiduciary duty to proceed past initial pleadings and into meaningful fact development? In a recent decision, the United States Bankruptcy Court for the Eastern District of...more

EEOC Files Religious Discrimination Lawsuit Against J.C. Witherspoon, Jr., Inc.

Company Fired Hebrew Pentecostal Truck Driver Because of His Sabbath Requirement, Federal Agency Charges - CHARLESTON, S.C. - J.C. Witherspoon, Jr. Inc., a South Carolina corporation headquartered in Alcolu, violated...more

Mayer Brown Submits Amicus Brief For Chamber Of Commerce, American Tort Reform Association, And American Insurance Association In...

Seemingly minor legal issues sometimes can have a surprisingly significant effect. That is particularly true with the ratio guidepost because the effect of any dispute about the guidepost’s application is literally...more

Washington Supreme Court Holds That Punitive Damages May Be Awarded to a Seaman Under a General Maritime Law Unseaworthiness Claim

by Lane Powell PC on

On March 9, the Washington State Supreme Court issued an opinion confirming the types of damages available to a plaintiff under a general maritime unseaworthiness claim, specifically determining that punitive damages are...more

When Life Imitates Art

– Will Caveats or “The Family Feud” Part 2 –  The North Carolina Court of Appeals continues to publish opinions in Will Caveat cases that could easily serve as a storyline from a daytime television series. One example...more

Federal Court knocks TPM circumvention with significant damages award

by DLA Piper on

In a major victory for Nintendo, the Federal Court of Canada awarded $12.7 million in damages for circumventing technological protection measures (TPMs) and copyright infringement. This decision (America of America Inc. v...more

Federal Court Cracks Down on Intentional Infringement with $1 Million Punitive Damages Awards

by Bennett Jones LLP on

It's been a costly week for intentional infringers of intellectual property (IP) rights. In two separate decisions, the Federal Court of Canada has awarded $1 million in punitive damages. These are among the highest punitive...more

Does “Act” Mean Also a Failure to Act?

by Dechert LLP on

No, says the U.S. Court of Appeals for the Tenth Circuit in In re Cowen, adopting the minority rule and parting ways with four other Courts of Appeals. The automatic stay provision of the Bankruptcy Code addressed in Cowen...more

Nintendo Awarded $12.7 Million for Circumvention of Technological Protection Measures in Precedent-Setting Case

by Smart & Biggar on

In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright...more

Connecticut Common-Law Rule Limiting Punitives Does Not Apply to Statutory Damages

by Beveridge & Diamond PC on

Drawing a distinction between punitive damages based on statutory and common law claims, the Connecticut Supreme Court held that a common-law rule limiting punitive damages does not apply to an award of statutory damages...more

EEOC Sues Fracking Company for Race-Based Harassment and Retaliation

Downhole Technology Fired a Black Employee for Complaining About Racial Intimidation With a KKK Hood, Federal Agency Charges - HOUSTON - A manufacturer of equipment used in hydraulic fracturing ("fracking") violated...more

Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure

by Jackson Lewis P.C. on

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA. In sum, the...more

Consistently Inconsistent? Fifth Circuit Appears to Have Conflicting Approaches to Damages Under the ADEA and FLSA

Can a plaintiff get pain and suffering or punitive damages in a retaliation claim under the Age Discrimination in Employment Act (ADEA)? In Vaughan v. Anderson Regional Medical Center, the Fifth Circuit, denying both an...more

Fifth Circuit Denies Punitive and Compensatory Damages for ADEA Retaliation Claims, Creates Circuit Split

The U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana, and Mississippi, recently found that punitive and compensatory damages are not available for retaliation claims brought under the federal Age...more

BuzzFeed Faces $11 Million in Defamation Suit by British News Agency

by Robins Kaplan LLP on

BuzzFeed, the popular independent digital media company, was hit with an $11 million defamation suit in January 2016 by journalist Michael Leidig and Central European News (“CEN”). Leidig and CEN are demanding more than...more

Punitive Damages and an Essential Jury Instruction

by Cozen O'Connor on

In one of our recent posts we touched on punitive damages in the context of one of the Pinnacle Hip bellwether trials. In this post, we address another interesting aspect of punitive damages: whether they can be used to...more

EEOC Sues Discovering Hidden Hawaii Tours for Male-on-Male Sexual Harassment

Company PresidentSexually Harassed Male Employees for More Than a Decade, Federal Agency Charges - HONOLULU, Hawaii - Three related Hawaii tour companies -- Discovering Hidden Hawaii Tours, Inc., Hawaii Tours and...more

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