News & Analysis as of

Liability Remand

Akin Gump Strauss Hauer & Feld LLP

Serta - Fifth Circuit Decision

On December 31, 2024, the U.S. Court of Appeals for the Fifth Circuit issued its long-awaited decision regarding the permissibility of the Serta Simmons Bedding (Serta) uptier liability management exercise (the 2020 Uptier)...more

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

Bradley Arant Boult Cummings LLP

Federal District Court Applies Expansive Definition of “Referral” to Find Liability under the Anti-Kickback Statute

Despite its central importance to the application of the federal anti-kickback statute, 42 U.S.C. § 1320a-7b(b) (AKS), the term “refer” is not defined by statute or regulation, and it has seldom been interpreted by the courts...more

Foley & Lardner LLP

PREP Act Immunity in the COVID-19 Era: Recent Decisions Impacting Your Defenses to Coronavirus-Related Claims

Foley & Lardner LLP on

On March 25, 2020, we reported that the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (“PREP”) Act to provide immunity to “Covered Persons” providing “Covered...more

McDermott Will & Emery

Liability for Copyright Infringement Attaches if Conduct Exceeds Scope of License

The US Court of Appeals for the Ninth Circuit revived a software owner’s copyright infringement suit because the district court erred in granting summary judgment of no infringement by failing to analyze whether the accused...more

Bradley Arant Boult Cummings LLP

Failure by Injured Party to Take Reasonable Action May Limit Recovery - Construction and Procurement Law News, Q2 2018

There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more

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