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Damages

Seyfarth Shaw LLP

Left With Nothing But An Injunction: Fifth Circuit Vacates $75 Million Trade Secret Verdict After Plaintiff Fails to Apportion...

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In a case that should stand as a strong reminder to apportion your damages whenever possible, the Fifth Circuit Court of Appeals affirmed a significant post‑trial ruling in Trinseo Europe GmbH v. Harper, et al., upholding the...more

Searcy Denney Scarola Barnhart & Shipley

Tabletop Fire Pit Burn Injuries and Deaths

Across the country, devastating injuries have been caused by small, alcohol-fueled tabletop fire pits that unexpectedly erupt in flames. Marketed as decorative and “smokeless,” these products have been linked to severe burn...more

Frantz Ward LLP

Don’t Forget the Damages

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During litigation, it’s easy to focus on the merits without addressing how much you are seeking to recover. Sometimes a party is so focused on fault that they disregard the obligation to prove the extent of damages with...more

Pierce Atwood LLP

Chapter 93A Year in Review: 2025 Massachusetts Enforcement and Litigation Trends

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Decisions issued in 2025 marked a notable inflection point in Chapter 93A litigation. Courts embraced a framework grounded in regulatory text, contractual structure and administrable rules. For companies operating in or from...more

McDermott Will & Schulte

Case exterminated too soon: DTSA and CFAA claims survive

The US Court of Appeals for the Tenth Circuit partially reversed and partially affirmed a series of district court rulings arising from alleged corporate espionage between competitors in the pest control industry....more

Bradley Arant Boult Cummings LLP

First Material Breach: The “No Recovery” Rule

A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies....more

Maison Law

Accidents on Government Property in California: Suing Cities, Counties, and the State

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In a normal scenario involving a personal injury, one of the first questions victims usually need to address before filing a claim is who owns the property. Suppose the accident happens on government property in the state of...more

Oberheiden P.C.

Qui Tam Whistleblowers: FAQs and Possible Compensation

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Individuals who witness fraud against government programs face critical decisions about whether to come forward, what legal protections exist, and what financial compensation they might receive for their role in exposing...more

Fish & Richardson

Federal Circuit Signals Tension in Expert Testimony Jurisprudence: EcoFactor and Barry

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The Federal Circuit’s recent decisions in EcoFactor, Inc. v. Google, LLC (en banc) and Barry v. DePuy Synthes Companies have refined the landscape regarding the admissibility of expert testimony under Federal Rule of Evidence...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Judge Wolson Issues Key Summary Judgment Ruling on the Eve of Trial in the Arbutus v. Moderna mRNA Vaccine and Lipid Nanoparticle...

On February 2, 2026, U.S. District Court for the Eastern District of Pennsylvania Judge Joshua D. Wolson, sitting by designation in the U.S. District Court for the District of Delaware in the Arbutus Biopharma Corporation and...more

King & Spalding

Texas Appellate Court Reverses $27 Million Prejudgment Interest Award Entered Against Credit Suisse

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On October 21, 2025, the Texas Court of Appeals reversed a trial court’s award of nearly $27 million in prejudgment interest entered against Credit Suisse on remand after previously holding that settlement credits reduced a...more

Haynes Boone

Insurance Recovery - 2025 Year in Review

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The 2025 Insurance Coverage Year in Review curates the most consequential insurance coverage rulings of the year to assist corporate policyholders, risk managers and in-house counsel with existing and future claims and policy...more

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

Roetzel & Andress

Enforce Your Rights, Maximize Your Remedies: The Importance of Timely Copyright Registration

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Copyright is a key component of intellectual property law, designed to protect original works of authorship that are fixed in a tangible medium. For companies and creatives, copyright applies to a broad range of assets,...more

The Volkov Law Group

Episode 391 — DOJ Reports Record-Breaking False Claims Act Recoveries in 2025

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The Justice Department has increased False Claims Act prosecutions, reflecting a continued focus on healthcare fraud and a new initiative on trade fraud....more

Morgan Lewis

District Courts Deepen Divide Over Design Patent Profit Disgorgement for Section 289 Damages

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Federal courts continue to grapple with whether profit disgorgement for design patent infringement is a legal remedy for juries or an equitable remedy for judges, an issue the US Court of Appeals for the Federal Circuit has...more

Gray Reed

Right of First Refusal Addressed By Texas Court

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In SM Energy Company v. Buzzard Roost Farms, Inc. a Surface and Subsurface Use and Compensation Agreement between operator SM and surface owners included a right of first refusal (ROFR) relating to placement of saltwater...more

Searcy Denney Scarola Barnhart & Shipley

Common Causes of Traumatic Brain Injuries in Tallahassee

The human brain can be injured in a number of ways. Some injuries are caused by internal factors, including infections, tumors, and strokes. When a brain injury is caused by an external physical force, it is considered a...more

Saiber LLC

The Saiber Construction Law Column: January 2026

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As discussed in a prior Saiber Construction Law Column, in New Jersey, the “economic-loss doctrine” bars tort claims when the plaintiff’s only damages are economic in nature because, when parties enter into a contractual...more

Butler Snow LLP

Understanding the Louisiana Unfair Trade Practices Act (“LUTPA”)

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The Louisiana Unfair Trade Practices Act (“LUTPA”), La. R.S. 51:1401 et seq., is the state’s primary consumer-protection statute and a frequent source of litigation in business disputes....more

McDermott Will & Schulte

Expert had firm grip on Rule 702

The US Court of Appeals for the Federal Circuit reversed an exclusion of expert testimony and grant of judgment as a matter of law, finding that the district court improperly conflated admissibility with credibility and...more

Vinson & Elkins LLP

Texas Business Court Quarterly Update – 2025 Q4 Summaries

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In the final quarter of 2025, the Texas Business Court closed its first calendar year of operation with a full slate of notable opinions. The Business Court continued to release opinions clarifying its jurisdiction, including...more

Cornerstone Research

Overall Size of Securities Class Action Filings Reached New Heights in 2025

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The number of securities class action filings decreased for the first time in two years in 2025, while the overall size of filings increased substantially, according to a report released today by Cornerstone Research and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Mark A. Barry v. DePuy Synthes Companies

In our Case of the Week, a divided Federal Circuit panel reviewed an E.D. Pa. court’s exclusion of two experts’ testimony on infringement and damages issues in a case involving handheld surgical tools for treating spinal...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim for a Fatal Medical Mistake in Florida

Deaths resulting from medical errors are far more common than they should be. This includes deaths resulting from diagnostic errors, surgical errors, medication errors, and a wide range of preventable mistakes. ...more

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