News & Analysis as of

Punitive Damages

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages

In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not...more

Foley & Lardner LLP

Seventh Circuit Clarifies Parties’ Rights to a Jury Trial When Pursuing Equitable Aiding and Abetting Breach of Fiduciary Duty...

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The Seventh Circuit recently analyzed when a party has a right to a jury trial for claims of aiding and abetting breaches of fiduciary duties arising out of a merger. The Court acknowledged that the Delaware-law claims at...more

Manatt, Phelps & Phillips, LLP

NAR Broker Commission Policy Change Following Antitrust Settlement

In 2019, home sellers brought a series of class-action lawsuits against the National Association of Realtors (NAR) and several national real estate brokerages, alleging that the defendants conspired in anticompetitive...more

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

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Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being...more

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

Inverse Condemnation/Nuisance: Benton Apartment Complex Owner Files Federal District Court Judicial Action Against...

Benton Housing Associates Limited Partnership (“Benton Housing”) filed on August 9th in the United States District Court for the District of Arkansas (Central Division) a Complaint against the following defendants: City...more

Holland & Knight LLP

New York Consumer Protection Laws Gives Rise to Per-Violation Statutory Damages

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Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

McDonnell Boehnen Hulbert & Berghoff LLP

The NO FAKES Act: Bipartisan Group of Senators Introduce Bill to Protect against Unauthorized Uses of Digital Replicas

After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. ...more

Sheppard Mullin Richter & Hampton LLP

There Are Limits! Reining In FCA Penalties Pursuant to the Excessive Fines Clause

In the high-stakes realm of False Claims Act (FCA) litigation per-claim penalties can reach daunting levels that dwarf even treble damages. A recent ruling from the Eighth Circuit Court provides valuable guidance on the...more

Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

McDermott Will & Emery

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

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The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

McDermott Will & Emery

Message Received: Trade Secret Law Damages Available for Sales Outside US

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The US Court of Appeals for the Seventh Circuit affirmed, in a matter of first impression, a district court’s decision to apply trade secret law extraterritorially and award trade secret damages for foreign sales while also...more

Robins Kaplan LLP

Landmark $7.75 Million Verdict in Aerosol Duster Misuse Case Secured

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In April 2024, Robins Kaplan attorneys secured a groundbreaking $7.75 million verdict against CRC Industries, Inc., a manufacturer of aerosol dusters. The verdict stemmed from a tragic 2019 incident when Cynthia McDougall was...more

Goldberg Segalla

PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

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The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)....more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Proskauer - California Employment Law

$900 Million Jury Verdict Handed Down by Los Angeles Jury in Workplace Sexual Assault Case

This week a Los Angeles jury awarded a plaintiff nearly $1 billion in damages for workplace sexual assault. The defendant, billionaire Alkiviades David, suffered a staggering loss when a Los Angeles Superior Court jury doled...more

Goldberg Segalla

Oregon Jury Renders $260M Verdict for Plaintiff in Talc Trial

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Fourth Judicial District Circuit Court for Mulnomah County, Oregon (Portland) In this matter, plaintiff Kyung Lee claimed that she developed mesothelioma from her use of Johnson & Johnson baby powder, which she alleges was...more

Goldberg Segalla

Gasket/Packing Manufacturer Prevails after Jury Trial

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Court:  United States District Court for the District of Massachusetts Decedent Arnold L. Pritt was diagnosed with singular mesothelioma, epithelioid type in September 2019. He alleged he was exposed to asbestos during his...more

ArentFox Schiff

Diffusing the ‘Nuclear’ Verdict Through Strategic Defense

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Runaway verdicts against large corporations are on the rise. Recently, ExxonMobil was hit with a $725 million verdict in a single-plaintiff case when the jury found that the company failed to warn consumers about the...more

Buckingham, Doolittle & Burroughs, LLC

Is Your Lawsuit Tax Deductible? | How to know when it is, and isn’t, deductible

The costs associated with hiring attorneys, defending a lawsuit, and paying for damages or a settlement can be exorbitant, and will inevitably damage a company’s profitability. The good news is these payments are often tax...more

Houston Harbaugh, P.C.

Here Comes Treble: Pennsylvania Supreme Court holds treble damages under the UTPCPL cannot be limited by punitive damages

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On April 25, 2024, the Supreme Court of Pennsylvania held that trial courts considering violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) may not limit damages because of separate...more

Klein Moynihan Turco LLP

Beware Of Pennsylvania Wiretap Laws!

If your business operates a website, it is imperative that you comply with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Readers of our blog are now aware of the growing influx of class action lawsuits...more

Chambliss, Bahner & Stophel, P.C.

Is a Personal Injury Settlement Taxed?

Approximately 6 percent of adult Americans experience an activity-limiting injury every three months, according to the Centers for Disease Control and Prevention (CDC). Injuries can happen because of carelessness, such as...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Goldberg Segalla

Court Denies Railway Company’s Renewed Motion for Spoliation; Agrees to Bifurcate Trial

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Court: United States District Court for the District of Montana, Great Falls Division In connection to defendant Burlington Northern Santa Fe Railway Company’s ongoing litigation in Libby, Montana (covered extensively by the...more

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