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Appellate Courts › Litigation Strategies › Damages

Sheppard Mullin Richter & Hampton LLP

The Importance of Preserving Issues for Appeal

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This Federal Circuit opinion analyzes claim construction arguments and requests for remittitur in the context of preserving issues for appeal. Background - Belanger is a manufacturer of car wash systems. Belanger owns...more

Freiberger Haber LLP

Fraud Claims Found to Be Duplicative of Contract Claim Because of An Overlap in Facts and Circumstances and Damages

Freiberger Haber LLP on

In Crawford v. Integrated Asset Mgt. Servs., LLC, 2025 N.Y. Slip Op. 01352 (2d Dept. Mar. 12, 2025) (here), the Appellate Division, Second Department reversed the denial of the defendants’ motion to dismiss the plaintiffs’...more

Sullivan & Worcester

Massachusetts SJC Clarifies Law on Appellate Interest After Judgment Satisfied in Full Pending Appeal

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On March 11, 2025, the Massachusetts Supreme Judicial Court (the “SJC”) issued a decision concluding that once a losing party satisfies a judgment in full, postjudgment interest stops running even if the losing party then...more

Pillsbury - Policyholder Pulse blog

The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

Pillsbury - Policyholder Pulse blog on

Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit...more

Cooley LLP

Court of Appeal Split on Scope of Exclusion Clause

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In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...more

Zelle LLP

The First Houston Court of Appeals Correctly Grants Mandamus Relief to Compel Appraisal After Suit Is Filed

Zelle LLP on

In re SureChoice Underwriters Reciprocal Exch., involved a claim for hail and wind damage to the insured’s (“Glasper”) residence. 702 S.W.3d 876, 878 (Tex. App.—Houston [1st Dist.] 2024, no pet. h.) The carrier (“SureChoice”)...more

Morrison & Foerster LLP - Class Dismissed

Everyone Please Stand: Supreme Court to Consider Standing Requirements for Class Actions, With the Potential to Resolve...

Morrison & Foerster LLP - Class Dismissed on

On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Shutts & Bowen LLP

Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages

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The recent Florida appellate case of Bandklayder Development, LLC v. Sabga provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of...more

Cooley LLP

Cap in Hand: Should Liability Caps Be Applied Before or After Set-Off?

Cooley LLP on

In Topalsson GmbH v. Rolls-Royce Motor Cars Limited, the Court of Appeal helpfully re-affirmed that the ‘commonsense’ approach to the application of liability caps is to apply them before any set-off calculation....more

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