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Damage Caps

Butler Snow LLP

50-State Survey of Statutory Caps on Damages and the Applicability of the Collateral Source Rule

Butler Snow LLP on

Tort reform has ushered in legislation imposing caps on damages in jurisdictions across the country. Unsurprisingly, these statutory caps on damages have faced numerous challenges, leading to a hodgepodge set of rules across...more

Rumberger | Kirk

Florida Limits Amount of Recovery in Mass Shootings

Rumberger | Kirk on

Barnett v. State of Florida and Its Effect on Governmental Entities who Are Sued for Claims Involving a Criminal Episode with Multiple Victims. ...more

Fisher Phillips

Student Protest Activity Leads to Massive Verdict Against University - Schools Face Legal Risks Related to Protest Movement

Fisher Phillips on

It may be common to see protest activity on your campus – but thankfully it is not common to see a massive jury award rendered against an educational institute due to that activity. An ongoing dispute at an Ohio college that...more

Porter Hedges LLP

Alert: "Amendments To The Texas Rules Of Civil Procedure Affect Three Key Areas Of Civil Cases"

Porter Hedges LLP on

Effective September 1, 2020 (the “2020 Amendments”). and January 1, 2021 (the “2021 Amendments”) two sets of amendments to the Texas Rules of Civil Procedure affect three key areas of civil cases filed after those dates: (1)...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Caps UIM Insurer's Exposure, Despite Multiple Claimants

Progressive Northern Insurance Company V. Muller, Et Al. 2020 VT 76 (August 28, 2020) - Vermont Supreme Court holds that “Combined Single Limit” and “Limits of Liability” provisions in UIM policy cap auto insurer’s total...more

Fisher Phillips

Missouri Raises Bar For Pleading And Proving Punitive Damages, Including In Employment Claims

Fisher Phillips on

Just as the 2020 legislative session wrapped up, the Missouri legislature passed a bill increasing the standards for pleading and making it harder to prove claims for punitive damages – especially in employment cases. S.B....more

NAM (National Arbitration and Mediation)

Resolving Medical Malpractice Matters - Positive Outcomes Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more

Winstead PC

Business Owners Take Note as Enterprise Completes Its Mission: Supreme Court Holds No Common Law Partnership Was Formed with ETP

Winstead PC on

The long-running legal saga between Enterprise Products Partners (“Enterprise”) and Energy Transfer Partners (“ETP”) may finally be nearing its end after the Texas Supreme Court issued a unanimous decision last Friday,...more

Bryan Cave Leighton Paisner

Good news for the Macron grid: The Paris Court of Appeal follows in the footsteps of the French Supreme Court

Following the ruling of the Supreme Court on 17 July 2019, the Paris Court of Appeal, by a judgment dated 30 October 2019, validated the Macron grid capping damages for unfair dismissal. This policy, which limits the...more

Neal, Gerber & Eisenberg LLP

Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois

I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting:  surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more

White & Case LLP

English Court of Appeal slashes UK's first cartel follow-on antitrust damages award and emphasises claimants' burden to prove...

White & Case LLP on

In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more

Womble Bond Dickinson

No Copyright Case Too Small: Content Creators Rejoice or Casual Infringers Beware?

Womble Bond Dickinson on

An office jokester emails a funny meme she copied off Google to a colleague. A tourist snaps a picture of a painting in an art gallery and posts it to his travel blog. A teacher prints copies of a recently published Internet...more

Miles & Stockbridge P.C.

Lessons Learned about Equal Pay in Higher Education

The #MeToo movement has brought public awareness to claims concerning pay disparity based on gender. As more and more women bring equal pay claims and enter into hefty settlements, the general public begins to internalize the...more

Jones Day

Federal Appellate Court Affirms Significant Reduction of Damages Claim in TCPA Class Action

Jones Day on

The Situation: The United States Court of Appeals for the Eighth Circuit considered constitutional limits on statutory damages awarded under the Telephone Consumer Protection Act ("TCPA"). The Result: The court affirmed a...more

Bryan Cave Leighton Paisner

Client alert: the French Supreme Court validates the “Macron Grid” which caps damages awarded to employees in cases of unfair...

In two opinions dated July 17, 2019, the French Supreme Court confirmed that the so-called “Macron Grid” implemented by the French employment law reforms in September 2017 is compatible with Article 10 of Convention no. 158...more

Womble Bond Dickinson

Groundbreaking: Eighth Circuit Confirms TCPA Statutory Damages Were Unconstitutional

Womble Bond Dickinson on

The Eighth Circuit Court of Appeals has released a much-anticipated decision in Golan v. FreeEats.com, Inc, a TCPA case involving the promotion of a movie, Last Ounce of Courage, using a message recorded by former Arkansas...more

Allen Matkins

Unlicensed Broker-Dealers And Investment Advisers Face Treble Damages

Allen Matkins on

In Yokell v. Draper, 2018 U.S. Dist. LEXIS 117427, U.S. Magistrate Judge Jacqueline Scott Corley wrote that "California Code of Civil Procedure section 1029.8 provides a private right of action for persons harmed by...more

Husch Blackwell LLP

The Disposal Of Non-Economic Damage Caps In The State Of Kansas

Husch Blackwell LLP on

In 1988, the Kansas legislature enacted K.S.A. 60-19a02 to limit personal injury plaintiffs’ recovery for non-economic losses such as pain and suffering, mental anguish, loss of enjoyment of life, etc. Thirty years later, in...more

Baker Donelson

Tennessee Supreme Court Accepts Certification of Non-Economic Damages Cap Question

Baker Donelson on

On June 19, 2019, the Supreme Court of Tennessee accepted certification of three questions of law relating to Tennessee's statutory non-economic damages cap. The certification follows on the heels of a decision from a divided...more

SmithAmundsen LLC

Indiana Medical Malpractice Act Damage Caps Set To Go Up July 1

SmithAmundsen LLC on

On July 1, 2019, the caps on damages set by the Indiana Medical Malpractice Act will rise for the second time in two years. This increase, which applies to acts of malpractice that occur after June 30, 2019, will complete...more

Cozen O'Connor

Kansas: Divided Court Strikes Noneconomic Damages Cap

Cozen O'Connor on

On June 14, 2019, a plurality of the Kansas Supreme Court struck down Kansas’s statutory cap limiting noneconomic damages for personal injury awards in Hilburn v. Enerpipe Ltd., No. 112,765, 2019 Kan. LEXIS 107, 2019 WL...more

Lathrop GPM

Kansas Supreme Court Strikes Cap on Non-economic Damages for Personal Injuries

Lathrop GPM on

On June 14, 2019 the Kansas Supreme Court ruled in Hilburn v. Enerpipe Ltd (No. 112,765.) that the statutory cap (K.S.A. 60-19a02) on non-economic damages in personal injury actions violates the “right to trial by jury” in...more

Michigan Auto Law

How is in-home care affected by the new Michigan car insurance law?

Michigan Auto Law on

More than any other question, the one I’ve been now asked the most since the Legislature passed No-Fault reform last Friday is how the new Michigan No-Fault law will affect attendant care.  ...more

Michigan Auto Law

Car Insurance Laws Are Changing In Michigan

Michigan Auto Law on

The new Michigan No-Fault law was passed by the Michigan Legislature today. Lawmakers in the House of Representatives voted 94 to 15 in favor the No-Fault reform plan in Senate Bill 1 and the Senate concurred by a vote of 34...more

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

Oklahoma Supreme Court Quashes Noneconomic Damages Cap for Personal Injury Claims

A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits. In Beason v. I.E. Miller Services, Inc., the court held that the statutory damages...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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