News & Analysis as of

Punitive Damages Burden of Proof

Goldberg Segalla

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Goldberg Segalla on

Supreme Court of New York, Erie County, October 6, 2022 - In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes...more

White and Williams LLP

ALI Restatement of the Law of Liability Insurance: Lessons Learned After Three Years

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Since the American Law Institute (ALI) voted in May 2018 to approve the final draft of its Restatement of the Law of Liability Insurance (RLLI), many have closely watched to see what impact, if any, the RLLI might have on the...more

Ward and Smith, P.A.

Recovering Punitive Damages in North Carolina Personal Injury Cases

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When an accident happens due to someone else's negligence, an injured person is able to recover compensatory damages from the at-fault party or their insurance carrier. For instance, if an innocent driver is injured in a...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – July 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Skadden, Arps, Slate, Meagher & Flom LLP

Liability Protections in Coronavirus Relief Legislation

Yesterday, Sen. John Cornyn, R-Texas, joined by Senate Majority Leader Mitch McConnell, R.-Ky., introduced the SAFE TO WORK Act, which would provide substantial and comprehensive liability protection from coronavirus-related...more

Fisher Phillips

Missouri Raises Bar For Pleading And Proving Punitive Damages, Including In Employment Claims

Fisher Phillips on

Just as the 2020 legislative session wrapped up, the Missouri legislature passed a bill increasing the standards for pleading and making it harder to prove claims for punitive damages – especially in employment cases. S.B....more

Amundsen Davis LLC

Missouri Set To Enact Reforms Limiting Claims For Punitive Damages And Violations Of The MMPA

Amundsen Davis LLC on

Missouri is poised to enact sweeping reforms aimed at limiting the availability of punitive damages and curtailing claims brought pursuant to the Missouri Merchandising Practices Act (MMPA)...more

Smart & Biggar

Whether or not there’s a will, there’s still a way to infringers’ profits in Canadian trademark litigation

Smart & Biggar on

Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more

White & Case LLP

English Court of Appeal slashes UK's first cartel follow-on antitrust damages award and emphasises claimants' burden to prove...

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In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more

Proskauer - Law and the Workplace

New York State Set to Further Expand Protections Against Workplace Harassment

New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more

Harris Beach PLLC

Significant Intellectual Property Trademark Decisions

Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

Holland & Knight LLP

Florida Court Compels Arbitration Against Nursing Home Despite Flawed Agreement

Holland & Knight LLP on

A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Jackson Walker

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

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Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend...more

Mintz

Massachusetts Legislature Overhauls Public Records Law

Mintz on

Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of...more

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