News & Analysis as of

Apportionment

Field Law

Defence + Indemnity: August 2018 - Quantum/Damages Issues: Khudabux v. McClary

by Field Law on

QUANTUM/DAMAGES ISSUES - In the case of a crumbling skull plaintiff the Court will apportion responsibility to the different accidents involved where the injuries in question are not indivisible. Khudabux v. McClary,...more

White and Williams LLP

Supreme Court of Pennsylvania to Evaluate Seminal Roverano Decision

by White and Williams LLP on

Due to the groundbreaking nature of the Superior Court of Pennsylvania’s opinion in Roverano v. John Crane, Inc., it is unsurprising that the Supreme Court of Pennsylvania has now agreed to review the Fair Share Act’s impact...more

Jones, Skelton & Hochuli, P.L.C.

Arizona Supreme Court Holds “Equitable Apportionment” Is Inapplicable To Settlement Of Employee’s Third-Party Tort Claims

Last week, the Arizona Supreme Court held that when an employee settles all of his or her third-party tort claims, and a workers’ compensation carrier asserts its statutory lien against those settlement proceeds to receive...more

Adler Pollock & Sheehan P.C.

Should a tax apportionment clause be in your estate plan?

Even though the Tax Cuts and Jobs Act doubled the gift and estate tax exemption to $10 million beginning this year, there are many families that still have to contend with significant federal estate tax liability. Plus, there...more

Field Law

Defence + Indemnity: June 2018 - Liability Issues: Case Summary: Rankin (Rankin’s Garage & Sales) v. J.J.

by Field Law on

LIABILITY ISSUES - A garage was found not liable for injuries caused by the thief of one of its vehicles because the fact that it was reasonably foreseeable that vehicles might be stolen from its premises does not make it...more

K&L Gates LLP

SCOTUS Ruling Gives Florida Chance to Prevail in Water War Against Georgia

by K&L Gates LLP on

We previously issued an alert analyzing two interstate water compact disputes before the U.S. Supreme Court (“SCOTUS” or the “Court”): Texas v. New Mexico and Colorado and Florida v. Georgia. On June 27, the Court rejected...more

Nexsen Pruet, PLLC

Insurers Take Heed: South Carolina Law Does Not Require Apportionment of Punitive Damages

by Nexsen Pruet, PLLC on

In a significant but not entirely novel ruling, the South Carolina Supreme Court recently held that South Carolina law does not require the pro rata apportionment of punitive damages between damages sustained for bodily...more

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

Florida v. Georgia: U.S. Supreme Court Addresses Interstate Water Dispute

The United States Supreme Court (“Court”) issued an opinion today in the interstate water dispute between the states of Florida and Georgia. The Court had previously found that the litigation fit within its original...more

Dorsey & Whitney LLP

The Supreme Court - June 27, 2018

by Dorsey & Whitney LLP on

Today, the Supreme Court of the United States announced the retirement of Associate Justice Anthony M. Kennedy: Justice Kennedy, nominated by President Ronald Reagan to the Supreme Court, assumed the bench in 1988. ...more

Smith Anderson

North Carolina General Assembly Ratifies Appropriations Act of 2018

by Smith Anderson on

On June 1, 2018, the General Assembly ratified and sent to the Governor the Appropriations Act of 2018 (the Act). The Act includes numerous changes to North Carolina’s tax laws....more

McDermott Will & Emery

Oregon Bars Use of Three Factor Apportionment Formula

by McDermott Will & Emery on

In Health Net Inc. v. Dep’t of Revenue, Docket No. S063625 (Apr. 12, 2018), the Oregon Supreme Court rejected a business taxpayer’s constitutional challenges to a 1993 Oregon statute that eliminated the right to utilize a...more

Harris Beach PLLC

NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence

by Harris Beach PLLC on

The flood gates in New York courts have been opened wide for personal injury plaintiffs by the removal of an obstacle to their success on motions for summary judgment in negligence actions following the recent decision of the...more

Husch Blackwell LLP

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

by Husch Blackwell LLP on

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Knobbe Martens

Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

McDermott Will & Emery

Re-Examination Findings Not Dispositive in District Court Proceeding

by McDermott Will & Emery on

Finding that rulings on validity from re-examination proceedings are not dispositive of validity in a district court proceeding, the US Court of Appeals for the Federal Circuit vacated summary judgment of no invalidity as...more

McDermott Will & Emery

Apportionment Must Reflect No More than Invention’s Incremental Value

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reinforced its guidance on infringement damages, remanding in part a jury’s award for further consideration of the proper apportionment. Finjan, Inc. v. Blue Coat Systems, Inc.,...more

Holland & Hart LLP

Utah Legislative Update: 2018 - Part Two

by Holland & Hart LLP on

Mid-Way Point of the Utah Session: We are at the mid-way point of the Utah Legislative Session. The pace of work increases and each day gets longer the closer we get to the midnight finish on the 45th day of the session....more

Mintz - Intellectual Property Viewpoints

Federal Circuit Approves Apportioning Damages through a Thorough and Reliable Analysis of the Royalty Rate

On January 12, 2018 in Exmark Manufacturing Co. Inc., v. Briggs & Stratton Power Products Group, LLC, the Federal Circuit once again addressed the issue of apportioning damages, an area of the law that continues to evolve....more

The Brown Firm

Wearing a Seat Belt and its Affect on your Personal Injury Claim 

by The Brown Firm on

Wearing a seat belt while driving should be second nature to motor vehicle drivers in Georgia. Not only is it required by law, but can potentially save your life if you become involved in an accident. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Holds Food Manufacturers Have Standing to Seek Damages From Egg Suppliers

Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg...more

Miles & Stockbridge P.C.

Confirmation from Pennsylvania Superior Court: The Fair Share Act Applies to Strict Liability Cases Involving Asbestos Exposure

by Miles & Stockbridge P.C. on

As a matter of first impression, the Pennsylvania Superior Court recently held that the Fair Share Act applies to strict liability cases involving asbestos exposure. In Roverano v. John Crane, Inc., 2017 PA Super. 415 (Dec....more

Dentons

Exmark: Reasonable royalty damages, apportionment and expert opinions

by Dentons on

The US Court of Appeals for the Federal Circuit's recent decision in Exmark Mfg. Co. v. Briggs & Stratton Power Products Group, LLC, __ F.3d __ , Appeal No. 2016-2197 (Fed. Cir. Jan. 12, 2018), has important implications for...more

Mintz - Intellectual Property Viewpoints

Damages Apportionment For Infringing A Method Claim When The Smallest Saleable Unit Performs Infringing and Non-Infringing...

The Federal Circuit’s damages apportionment jurisprudence is an ever-evolving area of the law. On January 10, 2018, a three judge panel of the Federal Circuit revisited the issue in connection with a patent covering a method...more

Harness, Dickey & Pierce, PLC

The Ultimate Reasonable Royalty Award Must be Based on the Incremental Value that the Patented Invention Adds

In Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC. [2016-2197] (January 12, 2018), the Federal Circuit vacated summary judgment that claim 1 of U.S. Patent No. 5,987,863 is not anticipated or...more

Knobbe Martens

Exmark Manufacturing Company v. Briggs & Stratton Power

by Knobbe Martens on

Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Nebraska. Summary: Reexaminations of patents confirming validity are not dispositive of...more

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