Punitive Damages

News & Analysis as of

Nevada Supreme Court Upholds Fraud Verdict Against The California Franchise Tax Board

The Franchise Tax Board’s Shande - This is case that has been more than two decades in the making. It began in the 1990s when inventor Gilbert Hyatt filed a California tax return showing that he relocated from...more

Missouri Supreme Court Holds Statute Capping Punitive Damages Violates Right To Trial By Jury

On September 9, 2014, in a unanimous opinion authored by the Honorable Patricia Breckenridge, the Missouri Supreme Court struck down as unconstitutional a Missouri statute which imposed a cap on the amount of punitive damages...more

Fifth Circuit Applies Punitive Damages Limitations to Statutory Civil Penalties

It’s not uncommon for state and federal regulatory schemes to provide for an award of statutory civil penalties to deter and punish certain conduct that it is difficult to monetize in a suit for damages. ...more

Injured Sailors May Seek Punitive Damages in the Asbestos MDL

U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania, who oversees asbestos multidistrict litigation, issued a decision in July permitting injured sailors to seek punitive damage awards. In Re:...more

7th Circuit Holds Excess Insurer Has No Duty to Indemnify Punitive Damages

In its recent decision in Fox v. Am. Alternative Ins. Corp., 2014 U.S. App. LEXIS 12799 (7th. Cir. July 7, 2014), the United States Court of Appeals for the Seventh Circuit, applying Illinois law, had occasion to consider...more

Servicer’s Error Leads to $16 Million Award

Kate Berry reported in American Banker and SourceMedia’s National Mortgage News on how a $616 servicing error snowballed into a $16 million jury verdict. It was reported that a jury last month awarded $514,000 in compensatory...more

Motion to Stay Enforcement of Judgment Denied Where Defendant Was Found to be a Willful Infringer and Offered Inadequate Security

On May 16, 2014, the district court entered Judgment on a jury verdict in favor of Plaintiff Global Traffic Technologies, LLC ("GTT") in the amount of $5,052,118, enhanced damages in the amount of $2,526,059, and prejudgment...more

The Ghosts of Litigation Holds Past

Earlier this year, in the widely followed In re: Actos (Pioglitazone) Products Liability Litigation matter, a Louisiana federal jury ordered a drug manufacturer to pay $6 billion in punitive damages and $1.5 million in actual...more

Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of...more

Recent Developments in Maritime Punitive Damages

In 2009, in Atlantic Sounding Co., Inc. v. Townsend, the Supreme Court “sea tossed” the law of maritime damages when it held that punitive damages are recoverable for an employer’s willful and wanton failure to provide a...more

Sanity Prevails: The Tale of a 90% Reduction to a Punitive Damages Award

In the May 2014 Ontario Court of Appeal decision in the case of Boucher v. Wal-Mart, the $1,150,000 in punitive damages previously awarded to Boucher by a jury was reduced to $110,000. The decision represents a good monetary...more

Court Enters Permanent Injunction Against American Tool & Mold in EEOC Disability Case

Clearwater Company Ordered to Pay $150,000 and Observe Non-Discrimination Provisions For Withdrawing Job Offer Because of Applicant's Old Back Injury - TAMPA, Fla. - In an order issued yesterday, a federal judge...more

Even The Doctor Is Not Immune

A federal jury recently awarded $350,000 in punitive and compensatory damages to three former employees of Endoscopic Microsurgery Associates, a Baltimore-area medical practice, who were subjected to unwanted sexual advances...more

Bad Caregivers Benefit From A Careless Defense

Where an insured defendant is sued under multiple theories and coverage is available for only some of them, an Ohio appellate court has ruled that the insurer’s duty to defend includes an obligation to recommend that the...more

Court Puts a Cork in Billionaire’s Punitive Damages Award In Counterfeit Wine Case

On March 31st, a federal judge in the Southern District of New York slashed a $12 million dollar punitive damages award to billionaire and oenophile William Koch in his lawsuit over counterfeit wine, finding the award – which...more

Fear and Trebling: E-Book Class Action Takes a(nother) Bite out of Apple

The legal drama continues for Apple, Inc., as the tech giant recently suffered another in a string of significant legal setbacks in the e-book antitrust saga in the Southern District of New York. Last month, Judge Denise...more

Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to...

Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 12-4450 (3d Cir. Feb. 20., 2014) - Third Circuit petitions Supreme Court of Pennsylvania to decide whether an insured tortfeasor can assign his or her statutory bad faith...more

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...more

What Are Punitive Damages?

Have you been seriously injured in an auto accident in San Fernando Valley by another person's negligent or unlawful behavior? If you answered yes, and the actions of the person that hurt you were atrocious (or outrageously...more

The Penalty Game

Johnson and Johnson (J&J) and its subsidiary Janssen Pharmaceuticals have been dealing with multiple lawsuits stemming from its drug Risperdal. Shortly after dodging a $1.2 billion judgment in Arkansas, J&J has returned its...more

Insurance Recovery Law - Feb 26, 2014

Fourth Circuit Allows Punitive Damages Against Insurer For Bad Faith Despite Lack Of Actual Damages - Why it matters: A policyholder is not required to prove ascertainable damages to be entitled to an award of...more

Foundering On "Sea-Tossed" Waters? The Fifth Circuit Grants En Banc Rehearing in Estis

After making a splash in October of 2013 with a landmark ruling in McBride v. Estis Well Service, L.L.C., 731 F.3d 505, 517 (5th Cir. 2013) "that punitive damages remain available to seamen as a remedy for the general...more

Ninth Circuit Affirms Dismissal Of Credit Card Fee Constitutional Challenge

On January 21, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a constitutional challenge to certain credit card fees. In re Late Fee and Over-Limit Fee Litig., No. 08-15218, 2014 WL...more

New Jersey punitive damages analysis ignores established precedent

Since 2008 New Jersey law has effectively granted pharmaceutical manufacturers immunity from punitive damages claims. While New Jersey state courts continue to recognise and enforce that immunity, some recent federal court...more

Weekly Law Resume - January 2014: Defamation – Plaintiffs Limited To Recovery of Special Damages Based on Failure To Demand a...

Deepak Kalpoe, et al. v. The Superior Court of Los Angeles County - Court Of Appeal, Second Appellate District (December 17, 2013) - In lawsuits for libel or defamation against certain publications and broadcasters,...more

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