In its third opportunity to review the district court’s decision in this trade secret case involving flooring, the US Court of Appeals for the Eleventh Circuit again reversed, this time vacating a permanent injunction and an...more
In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage at the highest courts of both the country...more
In Uzuegbnam v. Preczewski, the Supreme Court held that the award of nominal damages is sufficient to redress a past injury, satisfying Article III’s redressability requirement. While at first blush, the opinion may appear...more
On March 8, 2021, the U.S. Supreme Court held in Uzuegbunam v. Preczewski that claims challenging a campus policy on distribution of religious literature were not mooted by the school’s decision to change the policy....more
On March 8, 2021, the Supreme Court decided Uzuegbunam v. Preczewski, No. 19-968, holding that plaintiffs have standing to sue for past injuries fairly traceable to the challenged conduct, even if they seek only nominal...more
In Uzuegbunam v. Preczewski, 592 U.S. ___ (2021), the United States Supreme Court held that plaintiffs asserting constitutional rights have standing to sue for past injuries, even if they only seek nominal damages. The...more
On March 8, the United States Supreme Court issued its opinion in Uzuegbunam v. Preczewski, holding that a claim for nominal damages saves a claim from dismissal on mootness grounds. For more background on the case, see the...more
The United States Court of Appeals for the Tenth Circuit (“Court”) addressed in a November 4th Order and Judgment (“Order”) damage issues caused by an adjacent convenience store (“Store”). See Sonrisa Holding, LLC v. Circle K...more
In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure event to excuse liability...more
On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more
Litigation is inherently results-oriented. Too often, however, even those experienced in litigation tend to blur the lines between subtly different categories of damages. Perhaps it’s time to go back to Damages 101....more
The Ninth Circuit has finally weighed in on the long-running saga of the “dancing baby” video case (the “baby” in the video is now a 9-year old), and its opinion could have long-lasting effects on fair use and how copyright...more