Hinshaw Insurance Law TV | Bad Faith Law
RICO Damages — RICO Report Podcast
What's New on China's Punitive Damages in IP Litigation?
Washington Post Journalist Jason Rezaian on His Iranian Imprisonment
Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more
In an earlier article, I summarized important procedural issues in Georgia construction arbitrations. In that piece, specific reference was made to situations where a non-signatory to a contract could be forced to arbitrate...more
In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more
An astronomical $137 million jury verdict against Tesla has again been reduced, for a second (and potentially final) time. Last Monday, following a five-day trial on damages, a federal court jury awarded Owen Diaz, a former...more
New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more
On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016. ...more
The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more
In 2020, the Fifth Circuit Court of Appeals issued its decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al. In that case, the various members of a limited liability company (LLC) entered into an agreement to...more
In Pinter-Brown v. Regents of the University of California, the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its...more
On April 16, 2020, the Supreme People’s Court of China (the “SPC”) issued the Guiding Opinions of the SPC on Several Issues Concerning Proper Trial of Civil Cases Involving COVID-19 (I) (the “COVID-19 Opinions”), providing a...more
In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing...more
The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more
New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more
On June 19, 2019, the New York Legislature voted to reform New York discrimination law. See NYS Assembly Bill No. A8421. Although Governor Andrew Cuomo is expected to sign the bill, as of August 7, 2019, it still has not...more
On July 2, 2019, the First Department, in a unanimous decision written by Justice Dianne T. Renwick, reversed a decision of former Commercial Division Justice Eileen Bransten confirming an arbitration award....more
The New York State Legislature passed several bills at the end of its 2019 session which, yet again, will impact New York employers. Some of the new legislation further amends laws that were implemented last year, which...more
On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more
The New York State Senate and Assembly on June 19 passed Bill 8421 (the Bill), which lowers the standard for an employee to prevail when raising harassment claims, limits a potential employer defense against harassment...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his departure. After the...more
A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more
Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more
REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more
In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more
Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more
In RV V Lockworks, LLC v. Five Yale & Towne, LLC, 2016 Conn. Super. LEXIS 563 (Conn. Super. Ct. Mar. 16, 2016) an arbitrator awarded punitive damages to the purchaser of a newly-constructed 300-unit apartment complex when it...more