News & Analysis as of

Punitive Damages Negligence

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

Maison Law on

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

Goldberg Segalla

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

Goldberg Segalla on

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

Cozen O'Connor on

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

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

Rumberger | Kirk

Punitive Damages 2023: The Statute Means What It Says

Rumberger | Kirk on

Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the...more

Baker Donelson

Findings of Fraud Fuel $7 Million Verdict Against Long Term Care Provider

Baker Donelson on

A plaintiff in Nashville, Tennessee obtained a jury verdict of nearly $7 million in compensatory and punitive damages in a suit against a long-term care facility and its parent companies. The plaintiff, on behalf of her...more

Goldberg Segalla

Motion for Summary Judgment of Gasket and Packing Manufacturer Granted in Part and Denied in Part

Goldberg Segalla on

Court: United States District Court for the Northern District of Illinois, Eastern Division - Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and...more

Weber Gallagher Simpson Stapleton Fires &...

Understanding the Interplay of Punitive Damages and Direct Claims in Trucking Accidents

The recent case of Villagran v. Freightbull, Inc., No. 22-CV-2159 (E.D. Pa. Oct. 12, 2023, McHugh, J.) provides good case law for the trucking industry regarding the interrelatedness of claims for punitive damages and direct...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 11

Dechert LLP on

Recent Nuclear Verdicts Highlight Danger of Punitive Damages - In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more

White and Williams LLP

Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services

White and Williams LLP on

In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims...more

Goldberg Segalla

Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Goldberg Segalla on

Jurisdiction: Superior Court of California, County of Los Angeles - Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative...more

Console and Associates, P.C.

Gastroenterologist at NYC Hospital Faces Multiple Allegations of Sexual Misconduct After Patients Come Forward

It’s common for anyone undergoing a major medical procedure to have some serious concerns. However, for most, these worries are focused more on the possibility of an adverse medical outcome and not on the risk of being...more

Goldberg Segalla

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

Goldberg Segalla on

Key Takeaways - Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on...more

Jackson Lewis P.C.

Cap on Punitive Damages is Constitutional, Georgia Supreme Court Holds

Jackson Lewis P.C. on

A $250,000 cap in punitive damages is constitutional, the Georgia Supreme Court has confirmed, upholding the trial court’s decision to substantially reduce a $50 million verdict to $250,000. Taylor v. Devereux Found., Inc.,...more

DarrowEverett LLP

Protect Ya Neck: The Wu-Tang Clan, Independent Contractors and the Potential Expansion of Negligent Hiring Claims

DarrowEverett LLP on

Instead of toiling over a 130-page private placement memorandum as an attorney or reviewing payroll as the head of the family business, imagine for a moment that you are Method Man, the de-facto lyrical leader of the Wu-Tang...more

Adams and Reese LLP

The Exhaustion of Administrative Remedies Defense Takes Another Hit

Adams and Reese LLP on

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Supreme Court Holds Former Client Alleging Legal Malpractice May Recover Punitive Damages Awarded Against it in...

Midwest Sanitary Service, Inc., et al. v. Sandberg, Phoenix & Von Gontard, P.C. et al., 2022 IL 127327 (Sept. 22, 2022) Brief Summary - The Illinois Supreme Court held that defendants' former client can seek to recover...more

Jaburg Wilk

Arizona Supreme Court Clarifies and Heightens Punitive Damages Standard in Negligence Cases

Jaburg Wilk on

The Holding - In Swift Trans. Co. of Az., LLC. v. Carman in and for County of Yavapai, — Ariz. —, 515 P.3d 685 (Aug. 23, 2022), a bodily injury and wrongful death case arising from a tractor-trailer accident, the Arizona...more

Haight Brown & Bonesteel LLP

California Court of Appeal Reverses $3,000,000 Punitive Damages Award

On July 5, 2022, the California Court of Appeal, Second Appellate District (Los Angeles), issued an opinion in Willie McNeal, Jr. v. Whittaker, Clark & Daniels, Inc. (B313472, July 5, 2022) reversing $3,000,000 in punitive...more

Console and Associates, P.C.

Final Bellwether 3M Earplug Trial Ends at $77.5 M Verdict.

A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging that his hearing loss resulted from defective 3M Co. earplugs. The case...more

King & Spalding

Apparel Companies Facing Increasing PFAS Litigation

King & Spalding on

Last week, we highlighted a wave of litigation targeting underwear manufacturers. This week, litigation activity is now focusing on outerwear. On April 25, 2022, the same firm behind several of the underwear complaints...more

King & Spalding

Lawsuits Underway Following Reports of PFAS in Underwear

King & Spalding on

Yoga pants are not the only clothing products that have become popular subjects of PFAS testing in the media. As some readers may recall, over the last several years, various menstrual underwear products have been tested for...more

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

Jackson Lewis P.C.

New Illinois Law Allows Prejudgment Interest On Damages In Certain Lawsuits

Jackson Lewis P.C. on

An amendment to the Illinois Code of Civil Procedure provides that for all actions brought to recover damages for personal injury or wrongful death, prejudgment interest of six percent will begin to accrue on the date the...more

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

Waste Transfer Station/Community Service Volunteer: Federal Court Addresses Injury Claim Related Issues

The United States District Court for the Eastern District of Virginia in a May 10 Opinion and Order (“Opinion”) addressed a negligence claim against a Waste Transfer Station (“Landfill”) operator. See Buchanan v. Santek Env’t...more

48 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide