News & Analysis as of

Damages Emotional Distress Damages

Haight Brown & Bonesteel LLP

Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme...

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

Cozen O'Connor on

The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Holland & Hart LLP

Non-Economic Damages in Pet Litigation: Developments in Washington State

Holland & Hart LLP on

Washington State courts are steadily opening the door for pet owners to seek non-economic damages, such as emotional distress, for injuries to their pets. In the past, Washington courts have allowed emotional distress damages...more

Buckingham, Doolittle & Burroughs, LLC

Revenge Porn Damages

In the age of digital connectivity, our lives are intricately woven into the fabric of the internet. This connectivity brings about unprecedented opportunities for communication but also exposes us to vulnerabilities...more

WilmerHale

Year in Review: Top 2023 Data Breach Litigation Trends

WilmerHale on

One of the main risks that a company faces after a data breach is a potential lawsuit. Plaintiffs often will allege creative statutory and common law theories of harm after they learn that their personal information has been...more

CDF Labor Law LLP

A New and Challenging Obstacle for California Employers’ Use of Experts in State Courts

CDF Labor Law LLP on

Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more

Buckingham, Doolittle & Burroughs, LLC

How to Prove Defamation Damages

Damages are an element to proving almost any civil claim, but is an essential element to all defamation and privacy claims. For those who have experienced online defamation and online harassment, it may seem obvious that you...more

Bond Schoeneck & King PLLC

Governor Hochul Vetoes Changes to Wrongful Death Law

On Jan. 31, 2023, New York Gov. Kathy Hochul vetoed a bill designed to dramatically overhaul the state’s wrongful death statute by permitting the family members of wrongful death victims to recover for emotional distress....more

Goldberg Segalla

New York State Legislature Passes Bill That Will Expand Wrongful Death Damages

Goldberg Segalla on

Key Takeaways - A bill known as the Grieving Families Act has been passed by both chambers of the New York legislature and is awaiting Gov. Kathy Hochul’s signature. If signed into law it will become effective...more

Jones Day

English High Court Confirms Narrow Approach to Assessment of Data Breach Liability

Jones Day on

On 31 January 2022, the English High Court delivered its judgment in Stadler v Currys Group Limited (EWHC 160 (QB)); the latest in a series of rulings which appear set to constrain the relatively nascent UK data breach claims...more

Miller Canfield

Illinois Appellate Court Affirms Transgender Access to Restroom Facilities, Largest Ever Emotional Distress Award Made By Human...

Miller Canfield on

Affirming the largest emotional distress award ever made by the Illinois Human Rights Commission, the Illinois Appellate Court for the Second District has handed down the first Illinois state court decision affirming a...more

Epstein Becker & Green

Not a Close Call: Umpire Hits Home Run With a Seldom-Used Defamation Damages Theory

Epstein Becker & Green on

“Cowboy” Joe West is the best-known, longest-serving, and (to some) most reviled umpire currently active in Major League Baseball. For example, in 2010 he was named the second-worst MLB umpire, barely losing to CB Bucknor in...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

White and Williams LLP

In Louisiana, If the Band Plays On, the Plaintiff Cannot Recover Loss of Use Damages

White and Williams LLP on

In Jensen v. Matute, 2020 La. App. LEXIS 160, the Court of Appeal of Louisiana considered whether the plaintiff could recover compensatory, loss of use damages following a rear-end car collision. The court held that because...more

Littler

Ontario, Canada: New “False Light” Privacy Tort and How It Might Impact Employers

Littler on

Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context.  In this decision, Justice Kristjanson of the Ontario Superior...more

Benesch

Montreal Convention Liability Could Be Expanding – What You Need To Know

Benesch on

A United States Court of Appeals radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air carrier’s liability for damages to persons or property...more

Holland & Knight LLP

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

Winstead PC

Court Reviews Damages For Mental Anguish, Exemplary Damages, and Other Categories For A Trustee’s Breach Of Fiduciary Duty

Winstead PC on

In Wells Fargo v. Militello, a trustee appealed a judgment from a bench trial regarding a beneficiary’s claims for breach of fiduciary duty, negligence, and fraud. No. 05-15-01252-CV, 2017 Tex. App. LEXIS 5640 (Tex....more

Jaburg Wilk

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

Jaburg Wilk on

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide