News & Analysis as of

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

’Tis the Season of Giving, Right?

We all think of December as the season of giving. Unfortunately, prevailing defendants in Title VII cases don’t always feel that way. Under Title VII of the Civil Rights Act of 1964, prevailing plaintiffs enjoy compensatory...more

What Can I Recover If I Was Hit By A Drunk Driver?

Drunk driving can be a costly mistake for any perpetrator, including celebrities. Take former Fox 5 broadcast anchor Amanda Davis, whose DUI in November ruined her career. Atlanta police arrested Davis on November 11 for DUI,...more

Reasoning Behind Punitive Damages Calculations Provided By California Appellate Court

Royal Oakes was quoted extensively in an Oct. 7, 2013, Claims Journal article, California Court Of Appeals Decision Provides Reasoning Behind Punitive Damages Calculations, about a significant insurance case where $19 million...more

Colorado Legislative Wrap-Up

The 2013 Colorado legislative session resulted in three new laws that are significant for employers....more

"European Commission Issues Proposals on Private Antitrust Damage Actions and Collective Actions"

On June 11, 2013, the European Commission (Commission) issued a widely anticipated series of proposals designed to advance private antitrust damage and collective actions in Europe. To accomplish this, the Commission issued...more

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more

How Can Money Compensate for the Death of a Loved One?

It goes without saying that no amount of monetary award can compensate for the loss of a loved one. However, money is the only thing our legal system can provide. It is hoped that money helps survivors to move forward with...more

Alabama Construction Worker Awarded $1.7 million For Injuries

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

Maryland’s Highest Court Clarifies Toxic Tort Standards and Reverses a Punitive Damage Award in Excess of $1 Billion

The Maryland Court of Appeals clarified certain standards for toxic tort claims, reversed a judgment in excess of $1 billion in punitive damages, vacated approximately $640,000,000 in compensatory damages, and remanded...more

Ontario Court Rejects Damage Recovery in Contamination Claim, Adopting a Strict Analysis That May Hinder Future Claims

In Midwest v. Thordarson (Midwest) 2013 ONSC 775, the Ontario Superior Court of Justice dismissed a property owner’s claim for damages for remediation costs stemming from the alleged migration of contaminants from a...more

OSHA Penalizes Another Railroad Company In Whistleblower Action

On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus...more

Manson v John Doe - Damages For Anonymous Online Defamation

The recent decision of the Ontario Superior Court of Justice in Manson v John Doe (2013 ONSC 628) offers an opportunity to reflect on both the procedures and outcomes of pursuing court actions for anonymous online defamation....more

Do You Have An Insurance Bad Faith Claim?

Insurance companies are in the spotlight more than ever. After Superstorm Sandy many homeowners have been dealing with their insurers trying to thread through the detailed paperwork required to receive the benefits they...more

District Courts "Must Show Their Work" and Provide Detailed Figures when Deciding Fee Awards

In Padgett v. Loventhal, U.S.C.A. 9th, DAR p. 1933 (Feb. 11, 2013), the Ninth Circuit Court of Appeals decided District Courts must explain how they reduce requests for fees and costs from partially victorious plaintiffs. ...more

Jury Awards $200,000 in Damages Against A.C. Widenhouse in EEOC Race Harassment Suit

Jury Determines Trucking Company Subjected African-American Employees to Racial Slurs and Nooses - WINSTON SALEM, N.C. - In a legal victory for the U.S. Equal Employmen Opportunity Commission (EEOC), a North Carolina...more

Trademark Review - Volume 2 | Issue 12 December 2012

In This Issue: • Owner of “WOULD YOU RATHER...?” Wins $8.3 Million • PC ON A STICK Is Not Merely Descriptive • Sonoma Wine Producer Wins Geographically Limited Injunction • Brand Owners Awarded Favorable Damages...more

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