News & Analysis as of

Compensatory Damages

Arnall Golden Gregory LLP

Victory for VARA: Federal Court Awards Artist Maximum Damages for Willful Violation of Moral Rights

Key Takeaways - Damages awards for Visual Artists Rights Act (“VARA”) violations are not precluded by copyright infringement damages awards. The plaintiff’s VARA award was in addition to an award of actual damages for...more

Holland & Hart - Your Trial Message

Defense, Tell a Story on Damages

When it comes to persuasive courtroom communication, there is a three-word piece of advice that is drilled into the marrow of every experienced litigator: Tell a story! Trial lawyers don’t go far without internalizing that...more

Searcy Denney Scarola Barnhart & Shipley

Personal Injury Claims Involving Child Injuries: What Parents in Florida Need to Know

If your child has been injured in an accident in Florida, you may be able to take legal action on your child’s behalf. ...more

Mandelbaum Barrett PC

What Compensation Can You Receive for a Traumatic Brain Injury from a Car Accident

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When a driver’s negligence causes a traumatic brain injury, your life can split into “before” and “after” the crash. The bills start arriving before you even leave the hospital, while you’re still trying to remember what...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera y tumores cerebrales tipo meningioma: lo que deben saber las mujeres sobre los riesgos y las demandas legales

Durante décadas, millones de mujeres han utilizado la inyección anticonceptiva Depo-Provera como una forma conveniente y eficaz de prevenir el embarazo. Sin embargo, en los últimos años han surgido preocupaciones médicas y...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Joins Growing Pushback Against the NLRB’s Expanded Make-Whole Remedy

The debate over the scope of the National Labor Relations Board’s (the “Board”) remedial authority under the National Labor Relations Act (“NLRA”) continues to intensify, and the Sixth Circuit has now added its voice to the...more

Robins Kaplan LLP

Robins Kaplan Secures $5 Million Jury Verdict in New Jersey's First-Ever Clergy Sexual Abuse Trial Against Catholic Church Entity

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In a historic legal outcome, the national trial firm Robins Kaplan LLP announced it has secured a $5 million compensatory jury verdict on behalf of a survivor of child sexual abuse, T.M., against the Order of St. Benedict of...more

Searcy Denney Scarola Barnhart & Shipley

Injured By a Dangerous Product? You Might Not Be Alone

Product-related injuries are alarmingly common. Often, these injuries result from defects that affect large numbers of products—in some cases, hundreds of thousands or millions of products sold across the country. ...more

Segal McCambridge

Legislative Update: New York’s “Grieving Families Act” Has Been Delivered to Governor Hochul

Segal McCambridge on

The “Grieving Families Act” has passed New York’s Assembly and Senate and was forwarded to Governor Kathy Hochul on December 1, 2025. This controversial proposed legislation provides for the types of damages that may be...more

Searcy Denney Scarola Barnhart & Shipley

When Does a Diagnostic Error Constitute Medical Malpractice in Florida?

Diagnostic errors are alarmingly common—and they can be extremely dangerous. According to Johns Hopkins Medicine, “[w]hile estimates vary, likely more than 100,000 Americans die or are permanently disabled each year due to...more

Davis Wright Tremaine LLP

No Clear Relief: Sixth Circuit Adds to Circuit Split Over NLRB Remedies

The National Labor Relations Board's remedial authority remains unclear following a November 5, 2025, decision of the United States Court of Appeals for the Sixth Circuit in NLRB v. Starbucks Corp. In its decision, the Sixth...more

JUSTICENTER

What Is Defamation?

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Defamation refers to a false statement made about someone that injures their reputation. It is a type of tort that allows the injured party to seek compensation for damage caused to their reputation, emotional well-being, or...more

Eversheds Sutherland (US) LLP

The Fifth Circuit Court of Appeals challenges the NLRB’s authority with respect to Thryv Remedies

NLRB’s Remedial Authority - Under Section 10(c) of the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) may order employers to cease unfair labor practices and take “affirmative action” to...more

Freeman Mathis & Gary

NLRB compensatory damage awards stand at crossroads after Fifth Circuit finds statutory authority lacking for such awards

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On October 31, 2025, Judge Edith Jones wrote for the Fifth Circuit in Hiran Management, Inc. v. NLRB: “Ninety years after Congress created the National Labor Relations Board (“NLRB”) the NLRB claimed for the first time the...more

CDF Labor Law LLP

Recent Court Decisions Limit NLRB’s Authority to Award Expanded Remedies

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Traditionally, it has been understood that the National Labor Relations Board (NLRB) limits the remedies it issues to equitable forms of relief. In practice, this meant that employees who lost their jobs due to violations of...more

Fisher Phillips

Backpay Fight Deepens as 5th Circuit Rejects NLRB’s Expanded Remedies – Will the Supreme Court Step In Next?

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A federal appeals court just dealt another blow to the National Labor Relations Board’s effort to expand monetary remedies against employers – and the widening split among federal circuits makes Supreme Court review...more

Searcy Denney Scarola Barnhart & Shipley

Drug Recalls: What to Know if You’ve Been Prescribed a Dangerous Drug

If you are taking a drug that has been recalled, it is important to make sure you know what the recall means for you. Some drug recalls are far more serious than others, and it is important not to stop taking a drug if taking...more

Cozen O'Connor

When Home Isn’t Safe: Understanding Family Violence and Battery in Family Law

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There is a welcoming trend in family law, namely one where the courts are using tort law to address acts of family violence. In Canada, the legislation governing family law addresses issues like separation, divorce,...more

Fisher Phillips

EEOC Sues Staffing Firm Over Client’s Alleged “Male-Only” Hiring Request: 5 Key Lessons for the Industry

Fisher Phillips on

Staffing firms across the country are facing increased scrutiny from the federal government over how they respond to client demands – and a new lawsuit can provide lessons for your organization. The Equal Employment...more

StoneTurn

The Wildfire Litigation Series: Part 2 — Assessing Damages in Litigation

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The second part of our Wildfire Litigation Series delves into the complexities of assessing economic damages during the litigation phase. As the legal landscape evolves, precise methodologies and strategic partnerships become...more

Searcy Denney Scarola Barnhart & Shipley

The Bystander Effect: Can You Sue if You Witnessed a Loved One’s Crash and Suffered Emotional Harm?

Witnessing a serious car accident can be a traumatic experience. This is especially true when a loved one is severely injured in the crash....more

Cooley LLP

UK Supreme Court Clarifies Scope of Dishonest Assistance Liability

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The UK Supreme Court’s decision in Stevens v. Hotel Portfolio II UK Ltd has clarified the liability of dishonest assistants in cases of breaches of a constructive trust of secret profits. It also provides helpful guidance on...more

JUSTICENTER

What Are Punitive Damages and When Are They A Possibility?

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After an accident, you likely already know that you are entitled to compensatory damages. These are damages intended to compensate you for your financial and intangible losses, such as medical bills, lost wages, and pain &...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: June 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Bond Schoeneck & King PLLC

Supreme Court Issues Decision on Legal Standard for Students Claiming Disability Discrimination Under Section 504

The Supreme Court recently issued a unanimous decision in A. J. T. v. Osseo Area Schools, Independent School Dist. No. 279 that changes the standard for students pursuing disability discrimination claims against schools under...more

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