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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
By Dr. Ken Broda-Bahm: The Covid pandemic is now mostly in the rear-view mirror, but in now busy courthouses across the country, the juries who are returning seem a little different. Based on common experience, they appear to...more
From the time we were kids, most of us swiftly learned what was likely to get us punished: a spanking or — for more recent generations — a time out. Usually, that was brought out by something we did, or by the situation we...more
As a legal category, punitive damages are not very common in U.S. civil trials, being available and awarded in just six percent of cases. But in the broader sense of “punitive,” the motivation to punish or to correct behavior...more
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more
It is an epic trademark dispute with a lot of bling. Tiffany & Co. vs. Costco. The famed jeweler from the east vs. the titan of warehouse discounts from the west. A jury found that Costco was liable to Tiffany & Co. to the...more
Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more
In many product liability, mass tort, and consumer cases the gravest—and probably least predictable—risk is a runaway punitive damages award. Unlike compensatory damages, which are tied to the plaintiff’s actual injuries,...more
For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other...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
When civil litigation is being discussed by those outside the courtroom and outside the legal field, what stands out is often the perception, at least, of very high damages. The high-dollar figure being awarded, based on a...more
Insurers treat it as a given that their policies do not cover punitive damages, and insureds often mistakenly accept that premise. However, there are circumstances in which punitive damages may be covered, and some insurers...more
For the past 13 years, I’ve written the cover story of the state bar magazine, Arizona Attorney, about Arizona verdicts. The latest one is out. Here are 2016’s top Arizona verdicts, significant defense verdicts, punitive...more
There are not many true affirmative defenses to punitive damages, much less ones that can be established on the face of the complaint. One potential basis for dismissing a claim for punitive damages, which could be...more