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Damages Fair Market Value

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Ackerman & Ackerman, P.C.

How to Make “Just Compensation” More “Just” for Displaced Homeowners

Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. In...more

Dickinson Wright

When Development Deals Go Wrong, Damages Come in the Form of Land Value, Not Lost Profits

Dickinson Wright on

This column was originally published on RENX.ca. When a deal to buy and sell land for development goes awry, an innocent purchaser can sue for the damages suffered....more

Freiberger Haber LLP

Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied

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Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more

Roetzel & Andress

What Do I Need To Know About Eminent Domain Compensation?

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When an entity moves to ‘take’ land or property (via the power of eminent domain), all parties involved become entrenched in determinations of what constitutes adequate compensation. This process is ultimately what a...more

Pillsbury Winthrop Shaw Pittman LLP

Recent U.S. Postal Service Board of Contract Appeals Decision Sheds New Light on “Holdover” Damages Available to Government...

For many years, lessors of space to the federal government have struggled with the remedies available to them when the government continues to occupy the space after the expiration of the lease. Such “holdover” tenancies...more

Dorsey & Whitney LLP

Trump Administration Allows Lawsuits Against Persons Who Have Used Assets Confiscated by the Cuban Government, Imposes More...

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On April 17, 2019, the Trump Administration announced that it would now allow plaintiffs to file U.S. federal court cases against individuals and companies that use private property expropriated by the Cuban government after...more

Mintz - Intellectual Property Viewpoints

Cert. Denied – Patent Owners Still Must Prove Unpatented Features Did Not Drive Consumer Purchasing to Rely on EMVR

On February 25, 2019, the Supreme Court denied Power Integrations, Inc.’s (“Power Integrations”) petition for writ of certiorari. The question presented to the Court was whether a plaintiff who had proven customer demand for...more

Dorsey & Whitney LLP

Restaurant Wars: Breach of Fiduciary Duties at the Palm Restaurant Empire

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One of the philosophies of the world-famous Palm restaurant is to treat guests like family. That philosophy may need to be re-examined in light of a recent decision by the New York Supreme Court in Ganzi v. Ganzi, a case...more

McDermott Will & Emery

Federal Circuit Clarifies Role of Consumer Demand in Terms of Entire Market Value

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit denied a patent holder’s petition for rehearing en banc but issued a modified opinion finding that to invoke the entire market value rule, the patent holder must show that the...more

WilmerHale

Federal Circuit Patent Updates - September 2018

WilmerHale on

Hyatt v. Pato (No. 2017-1722, 9/24/18) (Reyna, Wallach, Hughes) - Hughes, J. Reversing dismissal for lack of subject matter description stating, “the exclusive jurisdiction of this court and the Eastern Virginia district...more

Faegre Drinker Biddle & Reath LLP

Show Me the Money: Recoverable Damages in Indiana Eminent Domain Actions

Few things are more distressing than learning that your property is being taken by eminent domain . You undoubtedly will have many questions. What is the process by which my property is being taken? How long will the process...more

Gray Reed

Award for Nuisance From Gas Wells Squelched

Gray Reed on

It was a bad day for the Parrs in Aruba Petroleum v. Parr. The trial court judgment was against the operator for intentional nuisance. The Parrs recovered $2.9 million for pain and suffering and mental anguish and for loss of...more

Poyner Spruill LLP

Final Curtain Call for Tuomey: Long-Running FCA/Stark Case Settled

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After 10 years of litigation, including two trials and appeals to the 4th Circuit Court of Appeals, the U.S. Department of Justice (DOJ) and Tuomey Healthcare System (Tuomey) have entered into a settlement of DOJ's action...more

Kelley Drye & Warren LLP

Michael Jordan Testifies He Doesn’t Do Deals For Less Than $10 Million: Jury Awards Him $8.9 Million In Lawsuit Over Use Of His...

A jury awarded Michael Jordan $8.9 million this week after he testified he doesn’t do deals for less than $10 million and he would never have done a deal with the grocery store chain Dominick’s Finer Foods, LLC, as it wasn’t...more

King & Spalding

Quantum Quarterly - Issue VII - 2nd Quarter 2015

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An Interview with Brent C. Kaczmarek - Brent Kaczmarek is a Managing Director of Navigant Consulting Inc. and leads the firm’s International Arbitration group from its Washington D.C., office. Brent serves as an expert...more

Gray Reed

Court Arrives at Fair Market Value of Gas Property

Gray Reed on

In Texas, lost profits can’t be recovered as damages unless proven to a “reasonable certainty”. Question 1: What does that mean? Question 2: Does it matter if the deal is in Bulgaria? Let’s get rid of the...more

McDermott Will & Emery

Applicability of the Entire Market Value Rule in Hatch-Waxman Cases - AstraZeneca AB, et al. v. Apotex Corp., et al.

Addressing damages issues in the Hatch-Waxman context, the U.S. Court of Appeals for the Federal Circuit provided important guidance regarding the application of the entire market value rule to pharmaceutical sales, and the...more

Dorsey & Whitney LLP

Sixth Circuit Reminds Government of its Burden to Prove Actual Damages in False Claims Act Litigation

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Last week, the United States Court of Appeals for the Sixth Circuit vacated a federal district court’s award of $657 Million for treble damages under the False Claims Act (“FCA”), restitution, and prejudgment interest. See...more

Robins Kaplan LLP

The Future of Patent Damages

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The field of patent damages has been subject to many dynamic changes in recent months. Attorneys Seth Northrop and Aaron Fahrenkrog discuss the current state of patent damages in the federal circuit, covering issues such as...more

Dechert LLP

Real World - Spring 2013: Damages include fall in market

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Two recent cases have highlighted circumstances in which damages for breach of contract may include loss caused by a fall in market values....more

Miller Starr Regalia

California High-Speed Rail - What You Need To Know

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Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more

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