News & Analysis as of

Damage Caps

Husch Blackwell LLP

PAGA Reforms: Not a Panacea but Significant Relief for California Employers

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On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Governor Signs PAGA Reform Legislation

On July 1, 2024, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers...more

Marshall Dennehey

Pennsylvania Supreme Court to Review Constitutionality of Sovereign Immunity–Based Damages Cap

Marshall Dennehey on

Freilich v. Septa, No. 10 EAP 2024, review granted Mar. 11, 2024 - States, including the Commonwealth, enjoy immunity from suit and have since “before the ratification of the Constitution.” Goldman v. Septa, 57 A.3d 1154,...more

WilmerHale

Illinois Legislature Modifies Damages Rule Under BIPA

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On May 16, 2024, the Illinois General Assembly joined the Illinois Senate in approving S.B. 2979, a bill that amends the state’s landmark Biometric Information Privacy Act (BIPA) by limiting plaintiffs’ potential damages...more

BCLP

Caps on Employer Liability: Letters of Intent and CLS v WJGE

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In this Insight, Zaynah Mirza considers the case of CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 (TCC) which concerned a number of issues including whether the terms of the letter of intent...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

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This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Holland & Knight LLP

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

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The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing...more

Venable LLP

Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

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When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more

Husch Blackwell LLP

Congress Considers Raising or Eliminating the Statutory Caps on Damages for Claims Brought Under Title VII and the ADA

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Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and...more

BCLP

Can liquidated damages clauses set general cap?

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A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages. Liquidated damages clauses are a common feature of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine Raises Discrimination Damages Caps and Expands Employee Protections

Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act...more

Esquire Deposition Solutions, LLC

Court Ruling Shows (Again) How Depositions Save Money in Litigation

The international law firm McGuire Woods recently published a news note, Virginia Court Holds School Board Immune From Virginia Human Rights Act Claims, explaining how a local school board successfully raised a sovereign...more

Morrison & Foerster LLP

RWI Market Update: Good News for Buyers

The representation and warranty insurance market across the United States and warranty and indemnity insurance market throughout Europe (collectively referred to herein as “RWI”) are rapidly evolving in light of the...more

Venable LLP

Maryland Legislation Repealing the Statute of Limitations for Civil Suits Based on Child Sexual Abuse Is Signed into Law

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On April 11, Governor Wes Moore signed into law the Child Victims Act of 2023, which permits survivors of child sexual abuse to file a civil lawsuit at any time, repealing both the current statute of limitations and the...more

Roetzel & Andress

To Cap It All Off: Ohio Supreme Court Holds Non-Economic Damages Cap Unconstitutional in Limited Ruling

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The Supreme Court of Ohio recently held Ohio’s statutory cap on non-economic damages violated the Ohio Constitution in an as-applied ruling involving a plaintiff with long-term psychological injuries. Brandt v. Pompa, Slip...more

Jackson Lewis P.C.

Cap on Punitive Damages is Constitutional, Georgia Supreme Court Holds

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A $250,000 cap in punitive damages is constitutional, the Georgia Supreme Court has confirmed, upholding the trial court’s decision to substantially reduce a $50 million verdict to $250,000. Taylor v. Devereux Found., Inc.,...more

Porter Hedges LLP

Tips on Drafting Enforceable and Effective Liquidated Damages Provisions Under Texas Law

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Liquidated damages provisions are commonplace in construction contracts. One would think that given the strong Texas public policy favoring freedom of contract, bargained for liquidated damages would be easily enforceable in...more

Goodwin

New Decision on Lease Rejection Damages

Goodwin on

This alert highlights a recent decision by Judge Michael E. Wiles in the Bankruptcy Court for the Southern District of New York (“SDNY”), which held that lease rejection damages should be calculated using the “time approach”...more

Husch Blackwell LLP

Ohio Supreme Court Decision Potentially Alters the Application of Damages Caps in Ohio

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On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in...more

Dunlap Bennett & Ludwig PLLC

The Copyright Claims Board is Here! But Will Anyone Use It?

Later this month, the newly formed Copyright Claims Board (CCB) will officially start accepting cases. The CCB was formed in 2020, when Congress passed the CASE (Copyright Alternative in Small-Claims Enforcement) Act....more

Latham & Watkins LLP

French Supreme Court Validates Caps on Damages for Unfair Dismissals

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For employers doing business in France, the court’s recent decisions mean more predictability in the amounts that judges can award in case of unfair dismissals. In two landmark decisions on 11 May 2022, the Employment...more

Polsinelli

California’s Long-Standing MICRA Law is About to Change

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California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change after health care and consumer advocates worked with California legislative leaders to reach an agreement to modify MICRA,...more

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

White and Williams LLP

Tipping Point! Are PA's Damages Limits for Commonwealth Agencies About to be Eliminated or Changed After 40 Years?

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For over 40 years, Pennsylvania law has limited monetary damages recoverable for tort liability from Commonwealth agencies and local government entities. Under 42 Pa. C.S.A. § 8528, damages recoverable against a Commonwealth...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

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The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

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