News & Analysis as of

Damage Caps

Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic Damages

by Perkins Coie on

Oregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent...more

Toxic Tort Monitor – January 2018

by Husch Blackwell LLP on

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more

Copyright Small Claims Bill Introduced

Copyright owners are one step closer to being able to pursue copyright infringement actions through a copyright small claims system. A new bipartisan House bill has introduced the Copyright Alternative in Small-Claims...more

District Court Awards Punitive Damages In Sex-Based Harassment EEOC Suit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In E.E.O.C. v. Scott Medical Health Center, P.C. No. CV 16-225, 2017 WL 5493975, at *2 (W.D. Pa. Nov. 16, 2017), a default judgement of liability was entered against the defendant company for sex-based...more

France: Macron's Reforms to the French Labor Code

by White & Case LLP on

The long-awaited reform of French employment law is now on track. France is reforming its French Labor Code - a touchstone of French economic life for over a century — the centerpiece of a promise to revitalize the French...more

Sweeping Changes to French Labor Laws Signal Employer-Friendly Future

by Fisher Phillips on

Today, the French labor market experienced the start of a power swing, from its historically employee-friendly labor regime to a more employer-friendly set of laws, intended to provide employers with greater flexibility in...more

Court Rejects Cap on FCA Damages for Allegations of Subcontracting Plan Fraud

by Bass, Berry & Sims PLC on

Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more

The publication of the Macron ordinances

by White & Case LLP on

The long-awaited reform of French employment law is now on track. The French government (the "Government") presented five draft ordinances outlining the different topics and related modifications that should be formally...more

France’s Employment Reforms to Go Into Effect in September

As President Emmanuel Macron had promised, major employment reforms are under way in France and the related ordinances have been published on August 31, 2017, after extensive negotiations with national unions, concerning, in...more

Recent Delaware Case Sets Trap for Unwary Regarding Acquisition Agreement Indemnification Caps

by Foley & Lardner LLP on

Acquisition agreements frequently contain maximum limits or “caps” on the sellers’ potential liability for losses resulting from breaches of the sellers’ and target company’s representations and warranties. However, the...more

Developments in civil litigation: second Jackson report published

by White & Case LLP on

Lord Justice Jackson's hotly anticipated report on fixed recoverable costs has just been published and makes a forceful case for fixed costs recovery in lower-value claims in England and Wales....more

Wisconsin appeals court rejects legal changes that GOP seeks nationally

Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...more

Missouri enacts new employment law favoring employers

by Thompson Coburn LLP on

On June 30, Governor Eric Greitens signed into law a new bill making notable changes to rights and remedies for claims under Missouri’s discrimination law (“MHRA”) and claims for whistleblower retaliation. The changes more...more

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

by Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

West Virginia Supreme Court Holds That State’s Cap On Punitive Damages Applies To Claims That Arose Before the Statute’s Effective...

In 2015, West Virginia enacted a statute that caps punitive damages at the greater of $500,000 or four times the compensatory damages. We blogged about the statute here, explaining that the West Virginia legislature was...more

GOP campaigning to strip patients of key legal protections

We all know how con artists work the streets. One might bump into you in a train or in a crosswalk, while the other grabs your wallet. Or one might smile and chat with a mom at a playground, while her partner nabs the purse....more

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

by Fisher Phillips on

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

What Do You Mean My Claim Is Capped? Ninth Circuit Ruling Further Clarifies Types Of Damages Excluded From A Landlord’s Claim In...

by Bryan Cave on

The Ninth Circuit Court of Appeals recently provided landlords dealing with a rejected lease with further guidance on the size and basis of their claims against a tenant’s bankruptcy estate. Kupfer v. Salma (In re Kupfer),...more

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

Texas Legislative Outlook

by Strasburger & Price, LLP on

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

Top 9 Mini Tort facts for repairing car accident vehicle damage

by Michigan Auto Law on

What you need to know on the Michigan Mini Tort maximum recovery limit, getting your car fixed and paid for, what do do if you’re in a crash with an uninsured driver, time limits to file a claim....more

Ohio Supreme Court Upholds Damage Caps As Applied To The Sexual Assault Of A Minor

by Reminger Co., LPA on

Except for certain limited circumstances, Ohio law limits, or caps, the maximum amount a person can recover for noneconomic damages such as pain and suffering. The Ohio Supreme Court recently upheld this limitation of damages...more

Replacing The Affordable Care Act: A Reality Infusion

by Dentons on

During the course of his campaign, President-elect Donald Trump repeatedly promised to repeal and replace President Obama's signature legislation, the Affordable Care Act (ACA). Certainly the Republican Party's continuing...more

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

by Reminger Co., LPA on

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

What is the Seventh Amendment to the U.S. Constitution?

The Seventh Amendment to the U. S. Constitution states: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury,...more

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