News & Analysis as of

Punitive Damages

Tiffany Wins the Generic Battle, and the Spoils of War are Significant (Updated)

by Knobbe Martens on

Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more

My Namesake Triumphs: Tiffany & Co. awarded $19.35 million

The four year saga ended (at least for now) with Tiffany & Co. being awarded for its vigorous fight to maintain its trademark and protect against genericide. As previously reported, Tiffany & Co. filed suit against Costco...more

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

Holy Harleysville! – The Rules Governing RORs, Intervention, and More in South Carolina Have Just Changed

For insurers, litigating third-party coverage disputes in South Carolina has always proved formidable. Insurers can be liable for “bad faith” even if there is no coverage; they may be required to pay an insured’s attorney’s...more

Texas Supreme Court Issues Important Decision On How To Calculate Ratio Of Punitive To Compensatory Damages In Multi-Defendant...

Application of the Supreme Court’s excessiveness guideposts to cases involving multiple defendants is one of the more confounding problems that arises in punitive damages jurisprudence. The Supreme Court of Texas got the...more

Mining company doomed in resurrected 'mark of the beast' lawsuit

by McNair Law Firm, P.A. on

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently decided a religious accommodation case in which a jury awarded a former employee more than half a million dollars. The Equal...more

Harleysville Revisited - What We Know Now

by Nexsen Pruet, PLLC on

In January, the SC Supreme Court issued its original opinion in Harleysville Group Insurance, a Pennsylvania Corporation v. Heritage Communities, Inc, a South Carolina Corporation; Heritage Magnolia North, Inc., et al. and...more

Punitive damages declared enforceable by the Italian Supreme Court (Italian)

by Dentons on

"Punitive damages" land in Italy - Le Sezioni Unite della Corte di Cassazione con sentenza n. 16601, pubblicata il 5 luglio 2017, hanno ritenuto ammissibile il riconoscimento in Italia dell’istituto dei danni punitivi o...more

Biometric Attendance Scanner or “Mark of the Beast”?: How an Employee’s Unusual Religious Belief Cost the Employer $600,000.

by Dorsey & Whitney LLP on

A recent case from the Fourth Circuit illustrates the risks for employers posed by the obligation to reasonably accommodate religious objections to workplace rules and practices under Title VII. How should an employer handle...more

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Missouri enacts new employment law favoring employers

by Thompson Coburn LLP on

On June 30, Governor Eric Greitens signed into law a new bill making notable changes to rights and remedies for claims under Missouri’s discrimination law (“MHRA”) and claims for whistleblower retaliation. The changes more...more

Alleged Overcharge of Sales Tax on Food Triggers Missouri Lawsuits

by Stinson Leonard Street on

Several putative class action lawsuits have recently been filed in the city of St. Louis alleging retailers have overcharged sales tax for certain food items. These suits seek refunds of payments made by consumers, punitive...more

Remedies – Admission of Vicarious Liability not a Shield to Punitive Damages

by Low, Ball & Lynch on

CRST, Inc., et al. v. The Superior Court of Los Angeles County- Court of Appeal, Second Appellate District (May 26, 2017)- In CRST, Inc., et al. v. The Superior Court of Los Angeles County, the California Court of...more

Florida Appellate Court Adopts Favorable Interpretation Of Punitive Damages Statute

In an effort to address the problem of excessive, multiple punishment, the Florida Legislature enacted a statute that “punitive damages may not be awarded against a defendant in a civil action if that defendant establishes,...more

Big Changes in Missouri: A New and Improved Missouri Human Rights Act Becomes Law

by Littler on

On June 30, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 43, which corrects the Missouri Human Rights Act (MHRA) by bringing it into closer alignment with federal and other states' anti-discrimination...more

EEOC Sued Diversified Maintenance Systems for Race Discrimination and Retaliation

Tampa-Based Janitorial Service Provider Rejected African-Americans for Jobs and Punished Black Employee for Opposing Discrimination, Federal Agency Charges - BALTIMORE - Janitorial Service Provider Diversified Maintenance...more

West Virginia Supreme Court Holds That State’s Cap On Punitive Damages Applies To Claims That Arose Before the Statute’s Effective...

In 2015, West Virginia enacted a statute that caps punitive damages at the greater of $500,000 or four times the compensatory damages. We blogged about the statute here, explaining that the West Virginia legislature was...more

Trans Union Hit with Largest FCRA Verdict to Date

Trans Union, LLC, one of the largest credit reporting agencies in the United States has been hit with a verdict by a California jury for $60 million, which is the largest verdict under the Fair Credit Reporting Act (FCRA) to...more

West Virginia Supreme Court Decision Clears the Way for Legal Reform

by Steptoe & Johnson PLLC on

On June 16, 2017, the Supreme Court of Appeals of West Virginia delivered its opinion in the matter of Martinez v. Asplundh Tree Expert Co., which involved consideration of whether two key pieces of West Virginia’s...more

Avoiding State Law Pitfalls (Part 4 of 4)

by Bryan Cave on

This is the fourth hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #4 - A manager of a Minneapolis, Minnesota restaurant calls you regarding an employee who...more

Avoiding State Law Pitfalls (Part 3 of 4)

by Bryan Cave on

This is the third hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #3 - The manager of a restaurant in Hartford, Connecticut calls you regarding an outspoken...more

Mainbrace: June 2017 (No. 3)

by Blank Rome LLP on

Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more

New Fed Policy Eliminates Ability of Settlement Options to Include Payments to Non-Party NGOs

by Snell & Wilmer on

On June 7, 2017, United States Attorney General Jeff Sessions issued a memorandum to all Department of Justice (DOJ) components and 94 United States Attorney’s Offices prohibiting them from entering into any agreement on...more

Arizona Civil Verdicts, 2016

by Snell & Wilmer on

For the past 13 years, I’ve written the cover story of the state bar magazine, Arizona Attorney, about Arizona verdicts. The latest one is out. Here are 2016’s top Arizona verdicts, significant defense verdicts, punitive...more

Supreme Court Says Attorney Fees Must Be Causally Linked to Misconduct

by Zapproved LLC on

Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 (U.S. Apr. 18, 2017). The Supreme Court recently issued a unanimous opinion resolving a split in the circuit courts about what attorney fees courts can award for misconduct...more

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