News & Analysis as of

Punitive Damages Actual Malice

Goldberg Segalla

Supplier Defendant Succeeds in Opposing Punitive Damages

Goldberg Segalla on

Superior Court of California, County of Los Angeles - In this asbestos action, the court considered various defense motions. Defendant Western Auto Supply company filed a request opposing punitive damages, arguing...more

Winstead PC

The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims

Winstead PC on

Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more

McManis Faulkner

Punitive Damages: A Brief Comparison of Federal and California Practice [Part 1 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more

Bass, Berry & Sims PLC

Chris Lazarini Further Examines Case Involving Advisor’s Effort to Avoid Paying a Promissory Note

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined further developments in a case involving a former UBS investment advisor’s attempt to prevent the company from collecting on promissory notes the advisor owed to UBS upon...more

Farrell Fritz, P.C.

Defamation Claims Against Gemological Institute Doomed: Qualified Privilege Shield Is Stronger Than A Diamond

Farrell Fritz, P.C. on

“Diamonds are nothing more than chunks of coal that stuck to their jobs,” said Malcom Forbes. An industry that generates over $13 billion annually, diamonds are considered one of the world’s major natural resources. ...more

Jackson Walker

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Jackson Walker on

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend...more

Proskauer - Law and the Workplace

Second Circuit Seeks Guidance from NY Court of Appeals on Standard for Awarding Punitive Damages Under the New York City Human...

The Second Circuit is once again seeking guidance from the New York Court of Appeals, this time on the question of the appropriate standard for awarding punitive damages for unlawful discriminatory acts under the New York...more

Miles & Stockbridge P.C.

Maryland Court of Special Appeals Reaffirms Heightened Standard for Recovering Punitive Damages

On June 1, 2016, the Court of Special Appeals of Maryland issued an opinion in 1st Team Fitness, LLC, et al. v. Francesco Illiano, No. 0136, Sept. Term 2015 (Md. Ct. Spec. App. Jun. 1, 2016) reaffirming Maryland’s heightened...more

Spilman Thomas & Battle, PLLC

Attorneys’ Fees and Prosecuting Bad Faith/UTPA Cases

Attorneys who litigate common law bad faith and Unfair Trade Practices Act claims are well aware that insureds who substantially prevail in an underlying contract action for insurance proceeds are entitled to an award of...more

Cozen O'Connor

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

Cozen O'Connor on

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

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