News & Analysis as of

Evidence Damages

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

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

Morris James LLP

How Hard Is It to Win a Personal Injury Lawsuit?

Morris James LLP on

When you’ve been hurt because of someone else's carelessness, whether in a car crash, a fall on unsafe property, or another preventable accident, you may be wondering: Is it even worth pursuing a lawsuit? Really, how hard is...more

Robinson+Cole Class Actions Insider

Ninth Circuit Says Class Members Must Demonstrate Standing at Summary Judgment for Certified Damages Classes

A recent Ninth Circuit decision held that both named and unnamed class members in a class seeking monetary damages must come forward with sufficient evidence of Article III standing at the summary judgment stage—not merely at...more

Sheppard Mullin Richter & Hampton LLP

Class Standing Redux: Ninth Circuit Holds Plaintiffs Must Present Evidence of Class Member Injury at Summary Judgment

In Healy v. Milliman, Inc., — F.4th —-, 2026 WL 71863 (9th Cir. Jan. 9, 2026), the Ninth Circuit addressed a key Article III standing question left open by the Supreme Court in TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) –...more

Searcy Denney Scarola Barnhart & Shipley

Truck Accidents Involving Spills and Lost Loads: What Victims and Families in Florida Need to Know

While truck accidents can have a variety of different causes, some of the most dangerous truck accidents are those caused by spills and lost loads. In many cases, these accidents happen suddenly and at high speeds—and they...more

Baker Botts L.L.P.

Fourteenth Court of Appeals Further Limits Non-Economic Damages in ExxonMobil v. Brown

Baker Botts L.L.P. on

In ExxonMobil Corp. v. Brown, the Fourteenth Court of Appeals has continued appellate-court efforts to define the contours of proving and evaluating non-economic damages in Texas....more

Maison Law

What to Expect if Your California Personal Injury Goes to Trial

Maison Law on

If you're heading to trial in California for your personal injury case, it's probably pretty scary - especially when you thought this whole thing would've been settled by now. Most of these cases get worked out without ever...more

JUSTICENTER

What to Do When You Experience Delayed Pain After an Accident

JUSTICENTER on

Some injury symptoms develop over time. For example, you might feel dazed after a car accident, but otherwise feel fine until hours or days later. The steps you take after experiencing delayed pain and other symptoms...more

Searcy Denney Scarola Barnhart & Shipley

Why You Should Always Talk to an Attorney After an Auto Accident in Florida

If you’ve been involved in an auto accident, making informed decisions will be critical for protecting your legal rights. This includes making an informed decision about whether to talk to an attorney. If you have an accident...more

Womble Bond Dickinson

Ninth Circuit confirms all members of a certified damages class must establish standing to survive summary judgment in Healy v....

Womble Bond Dickinson on

The Ninth Circuit recently answered an important open question in the class action context that may provide defendants an additional exit ramp, specifically, whether “following class certification, both named and unnamed...more

Cornerstone Research

An Unreliable Approach to Class Certification in Antitrust Litigation

Cornerstone Research on

A key question in class certification decisions in the United States is whether class-wide evidence can be used to determine whether the challenged conduct resulted in harm to all or almost all proposed class members....more

Dacheng

The Burden of Proof in China’s Civil Antitrust Litigation: Connection between Law Enforcement and Judicial Practice

Dacheng on

With the refinement of China’s antitrust legislation and a growing public awareness of rights protection, the number of civil lawsuits related to monopolistic conduct has steadily increased in recent years in China....more

JUSTICENTER

How to File a Car Accident Claim With Allstate

JUSTICENTER on

After a car accident, one of the first steps drivers often take is filing a claim with the at-fault driver’s insurance company. If the other party is insured through Allstate—or if you carry Allstate coverage yourself—you’ll...more

Maison Law

Pre-existing Conditions and Personal Injury Claims: What You Need to Know

Maison Law on

Significant injuries are, by their very nature, stressful. But that stress is typically compounded when it's wrapped up in legal problems or additional medical issues....more

Ankura

Demystifying Statistical Sampling: What Litigators Should Know About Statistical Sampling in Labor and Employment Disputes

Ankura on

With statistical sampling, counsel can simplify damage analyses, avoid potential issues with incomplete or missing data, and minimize the risk of error. ...more

Maison Law

When to Settle Versus Going to Trial in Personal Injury Cases

Maison Law on

A personal injury can leave you reeling from the shock of dealing with physical pain, a loss of your abilities and seeing bills stacking up fast. The urge to accept the first settlement offer you receive is normal, especially...more

JUSTICENTER

What Are Extenuating Circumstances?

JUSTICENTER on

Extenuating circumstances may be present in both civil and criminal cases. In a criminal case, extenuating circumstances are factors present in the case that make the defendant’s actions seem less severe. In civil cases,...more

Morris James LLP

You Have Been Hurt in a Truck Accident. What’s Next? Do You Need a Lawyer?

Morris James LLP on

Truck accidents are often catastrophic events. These accidents involve heavy vehicles that are typically hauling even heavier cargo loads. Although any road accident has the potential to cause serious injury, when large...more

Searcy Denney Scarola Barnhart & Shipley

Investigating a Truck Accident in Florida: Collecting the Evidence You Need to Prove Your Legal Rights

When you have a claim for a truck accident in Florida, collecting the evidence you need is the first toward seeking the financial compensation you deserve. ...more

Benesch

Georgia On My Mind: Reptile Smiting Via Statute in the Peach State!

Benesch on

Unfortunately, the nuclear verdict phenomenon grows and prospers in 2025. A “nuclear verdict” is described as a verdict of $10 million or more. In a nuclear verdict case, plaintiffs’ counsel, propagating a sophisticated yet...more

Knobbe Martens

Expert Testimony Fails to Support Jury’s Infringement Verdict

Knobbe Martens on

FINESSE WIRELESS LLC v. AT&T MOBILITY LLC - Before Moore, Linn, and Cunningham. Appeal from the United States District Court for the Eastern District of Texas. Unclear and internally inconsistent expert testimony was not...more

Marshall Dennehey

Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases

Marshall Dennehey on

Bandklayder Dev., LLC v. Saba, 406 So.3d 265 (Fla. 3d DCA 2025) and Vuletic Group, LLC v. Malkin, 4th DCA, No. 4D2024-1589 2025 WL 1944045, July 16, 2025 - It has been well-settled in Florida that the proper measure of...more

Maison Law

California Pedestrian Accidents: Driver Negligence Versus Pedestrian Comparative Negligence

Maison Law on

In California, pedestrian accidents are among severe traffic incidents. Even a slow-moving vehicle can lead to life-changing injuries. Determining who should be legally held responsible is often complicated since both drivers...more

A&O Shearman

Federal Circuit Affirms JMOL Of No Damages in Surgical Stapler Patent Dispute

A&O Shearman on

On October 2, 2025, the United States Court of Appeals for the Federal Circuit (Judges Dyk, Prost, and Stoll) (“Federal Circuit”) affirmed the District of Delaware’s judgment in a patent infringement action holding that Rex...more

184 Results
 / 
View per page
Page: of 8

"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