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Supreme Court of the United States › Punitive Damages

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Kohrman Jackson & Krantz LLP

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

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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

Harris Beach PLLC

National Mass Torts: 2023 Year in Review

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Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Dechert LLP

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

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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

Adams and Reese LLP

Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases; Reverses Appeals Court’s Expansion

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The Tennessee Supreme Court recently issued an important decision making clear that in a breach of contract dispute, the aggrieved party may recover more in damages than the parties’ contract permits, such as punitive,...more

Foley & Lardner LLP

Pulp Fiction: The “Food Court” Squeezes Statutory Damages Request by Class of Defrauded “Joint Juice” Health Supplement Buyers

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Joint Juice, according to its labelling and advertising, promoted “healthy and happy,” if not pain free, joints. A jury apparently thought it was closer to snake oil, finding the product’s marketing false, misleading, and...more

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

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The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

McAfee & Taft

SCOTUS: Emotional distress damages not recoverable under certain anti-discrimination statutes

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Congress has passed many laws that prohibit discrimination in many ways. Four of those statutes were passed pursuant to Congress’s authority under the Spending Clause in the U.S. Constitution....more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Narrows Title IX Liability for Schools

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By holding that emotional distress damages are not recoverable under certain antidiscrimination statutes, including Title IX, the Supreme Court has limited the liability of schools facing federal discrimination claims. ...more

Troutman Pepper

Supreme Court Rules Title IX and Other Spending Clause Statutes Do Not Permit Damages for Emotional Distress

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On April 28, the U.S. Supreme Court held in Cummings v. Premier Rehab Keller, P.L.L.C., No. 20-219 (Roberts, C.J.) that damages for emotional distress are not available for statutes adopted under the spending clause. Although...more

Jackson Lewis P.C.

U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA

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The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more

Mintz

This 1st Circuit Clean Water Act decision makes complete sense except in the real world

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Almost two years to the day after the United States Supreme Court's decision in Maui v. Hawaii Wildlife Fund, the First Circuit Court of Appeals rendered its decision in The Blackstone Headwaters Coalition v. Gallo Builders. ...more

Harris Beach PLLC

U.S. Supreme Court Rules that Emotional Distress Damages Are Not Recoverable in a Private Action under the Rehabilitation Act of...

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Today, in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __ (2022), in a 6-3 decision, the U.S. Supreme Court held that emotional distress damages are not recoverable in a private action to enforce the Rehabilitation...more

Husch Blackwell LLP

Supreme Court Holds That Emotional Distress Damages Are Not Available Under Title VI, Title IX, and Other Spending Clause Statutes

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In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more

Felicello Law PC

Avoiding a Punitive Damages Award in Private Arbitration

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New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more

Husch Blackwell LLP

A Focus On Missouri’s Tort Victim Fund

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On June 1, 2021, the United States Supreme Court announced it would not accept Johnson & Johnson’s petition for certiorari seeking to overturn a $2.12 billion dollar damages award rendered in Missouri to twenty-two Missouri...more

Console and Associates, P.C.

Talc Lawsuit Update June 2021: Supreme Court Declines to Hear Appeal in $2 Billion Jury Award Against J&J

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With $2 billion on the line, the highest court in the nation has refused to hear an appeal that aimed to undo a jury award given to cancer patients and their families....more

Proskauer - Minding Your Business

Do All Class Members Have Standing For Mere Statutory Violations? The Supreme Court Will Decide

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On March 30, the Supreme Court will hear arguments on whether a damages class action, is permitted by Article III of the Constitution or Rule 23 of the Federal Rules of Civil Procedure where the majority of the class has...more

Foley & Lardner LLP

Supreme Court To Consider Actual Injury Requirement for Absent Class Members

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Today, the United States Supreme Court granted a writ of certiorari in Trans Union LLC v. Ramirez. At issue is an eight-figure judgment obtained by a certified class of consumers for statutory and punitive damages based on...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – July 2020

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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

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Foley Hoag LLP

Supreme Court Issues Important Decision on Retroactive Effect of Amendment to Foreign Sovereign Immunities Act

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A recent Supreme Court decision sets important precedent on the retroactive effect of legislation amending the law governing sovereign immunity in the United States. On May 18, 2020, the Supreme Court handed a victory to...more

Jones Day

U.S. Supreme Court Allows Retroactive Punitive Damages Against the Republic of the Sudan - The Supreme Court allows victims of...

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The Supreme Court in Opati v. Republic of Sudan, No. 17–1268, 590 U.S. ___ (2020), has held that the Foreign Sovereign Immunities Act ("FSIA") allows certain plaintiffs to recover punitive damages from state sponsors of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Opati v. Republic of Sudan

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On May 18, 2020, the U.S. Supreme Court decided Opati v. Republic of Sudan, holding that plaintiffs who sue a foreign government under the state-sponsored-terrorism exception to the Foreign Sovereign Immunities Act can seek...more

Dorsey & Whitney LLP

The Supreme Court - May 18, 2020

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Opati v. Republic of Sudan, No. 17-1268: Victims of a 1998 al Qaeda attack outside the United States Embassies in Kenya and Tanzania brought suit in federal court against the Republic of Sudan, alleging that Sudan had...more

Smart & Biggar

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

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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

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