News & Analysis as of

Damages Jury Awards

Proskauer - California Employment Law

Los Angeles County Court Rules $900 Million Jury Verdict “Shocked the Conscience” In Workplace Sexual Assault Case; Reduces It To...

As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against...more

Tyson & Mendes LLP

United Defense: Collaborating to Combat Nuclear Verdicts®

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In today’s legal landscape, the defense industry faces the unprecedented challenge of Nuclear Verdicts®. They pose a financial threat to businesses and individuals alike. It is vital for defense attorneys to embrace a...more

Tyson & Mendes LLP

Don’t Go Nuclear! Six “Secrets” to Stopping Nuclear Verdicts®

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What is a Nuclear Verdict®? We have all heard news of juries awarding incomprehensible piles of money in lawsuits where the injuries and the verdict just don’t seem to add up. These cases may leave you scratching your head...more

Tyson & Mendes LLP

BEWARE: Nuclear Verdicts® Are Taking Over Pennsylvania!

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Philadelphia is famously known for Rocky, soft pretzels, and infamously, for snowballing Santa Claus , but it is now becoming notable for Nuclear Verdicts®. In 2023, the five highest jury verdicts in Pennsylvania were...more

Hinshaw & Culbertson - Lawyers for the...

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related...more

McDermott Will & Emery

Making Sense of a Rare Robinson-Patman Act Plaintiffs’ Verdict

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On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more

Proskauer - Minding Your Business

CA Federal Court Awards Biomedical Companies $62M Following Jury Trial Involving Confidentiality-Related Claims

On November 1, 2023, a jury in the U.S. District Court for the Central District of California awarded damages to Skye Orthobiologics, LLC (“Skye”) and Human Regenerative Technologies, LLC (“HRT”) for breach of contract,...more

AEON Law

Jury Awards Record Damages in AI-Assisted Copyright Infringement Case

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A California jury has awarded a photographer reportedly the “largest maximum statutory damages verdict for photography infringement in U.S. history,” according to the photographer’s lawyer. The jury awarded $150,000 in...more

Hissey, Mulderig & Friend, PLLC

Roundup Users With Lymphoma May Qualify to File a Lawsuit Following Verdicts Against Bayer, Monsanto

Juries in Philadelphia and San Diego recently awarded damages of $175 million and $332 million to two men who were diagnosed with non-Hodgkin lymphoma after being exposed to the weedkiller Roundup. The two verdicts are...more

Holland & Hart - Your Trial Message

Account for ‘Social Inflation’ in Damages Awards

“Social inflation” is a phrase that crops up these days when people are talking about civil damage awards. As an explanation for a wave in so-called “nuclear verdicts,” social inflation refers to the phenomena of typical...more

Seyfarth Shaw LLP

Second Circuit Vacates Jury Award on Grounds that Damages Theory Lacked Evidence

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On May 25, 2023, the Second Circuit issued an opinion in Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Group, Inc., No. 21-1370 (2d Cir. 2023) that provides guidance regarding recoverable damages in trade secret...more

IMS Legal Strategies

What Is Causing Today’s Massive Verdicts—and What Can We Do About It?

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Data compiled by the American Transportation Research Institute shows that lawsuits targeting the trucking industry have increased at an exponential pace, seen in both the volume of cases and the size of verdict awards. When...more

Tyson & Mendes LLP

What to Watch Out For: Plaintiffs Can Recover for Decedents’ Pain and Suffering

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Throughout California and the United States, there is a rising trend of Nuclear Verdicts™, defined as jury verdicts in excess of $10 million or that are wildly disproportionate to the injuries in the case.  A new Senate Bill...more

Patterson Belknap Webb & Tyler LLP

Federal Circuit Upholds Jury Award, Weighs in on Willfulness Standard, in Adynovate® Dispute

According to the Federal Circuit, $173 million was the right damages award for almost three years of patent infringement resulting from Baxalta’s sale of its biologic product Adynovate® (Antihemophilic Factor (Recombinant),...more

BCLP

Georgia's Apportionment Statute in Product Liability Lawsuits

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The Georgia Supreme Court recently issued a decision impacting all product liability cases in Georgia by finding that Georgia’s apportionment statute—O.C.G.A. § 51-12-33—applies to claims for strict product liability, and as...more

Proskauer - Advertising Law

Ninth Circuit Clarifies Standing Requirements for Damages Classes

In a decision that will have repercussions for consumer false advertising lawsuits, a Ninth Circuit panel recently ruled in a Fair Credit Reporting Act (“FCRA”) case that all class members must have standing at the trial...more

Goodwin

BREAKING NEWS: Federal Circuit Affirms Amgen’s $70 Million Damages Award Against Pfizer Unit

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This morning, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a 24-page opinion affirming the district court’s judgment in favor of Amgen in its four-year long BPCIA patent ligation against...more

Akin Gump Strauss Hauer & Feld LLP

Defendant’s “Staged Delay” in Withdrawing FRAND Affirmative Defenses Amounted to “Rank Gamesmanship” and Supported an Award of...

Chief Judge Gilstrap of the Eastern District of Texas held that the litigation conduct of defendants Huawei Device USA, Inc. and Huawei Device (Shenzhen) Co., Ltd. (collectively, “Huawei”), in a patent infringement action,...more

Knobbe Martens

Jury Awards Olaplex More Than $24 Million for L’Oreal’s Willful Patent Infringement; Court Immediately Enters Permanent Injunction

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Olaplex sued L’Oreal for infringing U.S. Patent Nos. 9,498,419 and 9,668,954 and asserted related breach of contract and misappropriation of trade secret claims. The patents relate to systems to protect hair from damage...more

Jones Day

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

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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

Knobbe Martens

Riddell awarded $5 million in patent damages against Kranos Corporation, dba Schutt Sports

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An Illinois jury awarded football equipment manufacturer, Riddell, $5 million in patent damages against Kranos Corporation, doing business as Schutt Sports...more

Knobbe Martens

Jury Awards Frozen Milkshake Maker $3.2 Million in Patent Damages

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A Delaware jury awarded automated milkshake maker, f’real Foods, approximately $3.2 million in damages based on Hamilton Beach’s and Hershey Creamery’s infringement of patents related to milkshake blending machines...more

Knobbe Martens

Court Doubles Damages Award Against Briggs and Stratton for Willful Infringement

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A Nebraska court upheld a jury’s reasonable royalty award of more than $14 million for infringement of Exmark’s patent relating to lawnmower baffles. An appellate court had vacated a previous jury award and remanded the case...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

UB Greensfelder LLP

Walmart Burned by the Jury in Trademark Infringement Suit

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Earlier this month, a federal jury in North Carolina hit Walmart with a $95.5 million verdict for its willful infringement of Variety Stores, Inc.’s “BACKYARD” trademarks. The jury awarded $45.5 million as a reasonable...more

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