Integrated Case Themes & Nuclear Verdict Causes – IMS Insights Podcast Episode 46
On-Demand Webinar | Impacts of COVID-19 on Litigation Economic Damages
KT Sound Bytes Episode 1 | The Effects of the Supreme Court Decision in Liu v. SEC
Butler's Thursday Tips #3 | Handling Business Loss Claims
The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more
On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more
BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more
While the need to calculate damages arises in a wide variety of legal contexts, employment class actions bring their own complexities. At the same time, damages in class actions can rapidly rise far beyond what is typical in...more
A new legislative proposal pending before Illinois lawmakers has the potential to make life a lot easier for employers and businesses when it comes to exposure and liability for biometric privacy claims. While the Illinois...more
In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2020 ONCA 816 (McGuinty), the Court of Appeal for Ontario upheld the Ontario Superior Court’s decision to award an employee one of the highest damage awards ever...more
Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) - Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more
The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more
In State Farm Mutual Automobile Insurance Co. v. Campbell, the Supreme Court strongly implied that in some cases even a 1:1 ratio of punitive to compensatory damages might be too high. In Torres v. B/E Aerospace, Inc., the...more
Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA...more
Canadian employment law is, in many ways, far more employee favorable than U.S. employment law. With the exception of a few states, employment in the United States is “at-will.” ...more
The specific facts presented to the jury will determine whether an award of “garden variety” emotional distress damages is reasonable, the New Jersey Supreme Court has held in an employment discrimination case brought under...more
You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more
It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more
In an antitrust class action lawsuit, multiple theories of liability often create separable anticompetitive effects that, when combined, can result in aggregated damages, but a plaintiff’s model must measure damages...more
The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action...more