News & Analysis as of

Punitive Damages Dismissals

Goldberg Segalla

Motion to Dismiss Damages under Maritime Law Granted in Part

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Jurisdiction: United States District Court for the Central District of California- In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter...more

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 11

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Recent Nuclear Verdicts Highlight Danger of Punitive Damages - In October and November 2023, four separate products liability trials ended with large plaintiff verdicts. Three of these verdicts were against Monsanto in...more

Harris Beach PLLC

California Appellate Court Provides Relief to Defendants by Reining in Misapplication of Punitive Damages

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Mass tort defendants frequently defend lawsuits in venues like Los Angeles County, California, which are favored by plaintiff firms due to their plaintiff-favorable law and propensity for large verdicts. In a recent decision...more

Bennett Jones LLP

Trends in Canadian Wrongful Dismissal Cases

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How Recent Decisions Signal a Potentially Expanded Approach to Aggravated and Punitive Damages - Two recent decisions: Moffatt v Prospera Credit Union [Moffat], from the British Columbia Supreme Court, and Russell v The...more

Goodwin

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits

Goodwin on

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits; California District Court Dismisses Fraud-Related Claims Against AT&T; Third Circuit Holds Challenge to SEC’s Decision to...more

Bass, Berry & Sims PLC

Court Requires Evidence of Harm to Bring Data Breach Lawsuit

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On July 16, the U.S. District Court for the Middle District of Alabama dismissed a putative class action against Sarrell Regional Dental Center for Public Health relating to a 2019 ransomware incident. Data Incident and...more

Womble Bond Dickinson

Eleventh Circuit Examines FCRA Willfulness Standard

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In an unpublished decision in the case of Shaun J. Younger v. Experian Information Solutions, Inc., the Eleventh Circuit Court of Appeals vacated the jury’s finding that Experian willfully violated the FRCA by failing to...more

Hinshaw & Culbertson - Lawyers for the...

Plaintiffs' Breach of Fiduciary Duty Claim Against Law Firm Dismissed as Duplicative of Legal Malpractice Claim, Punitive Damages...

Signal Fin. Holdings, Ltd. Liab. Co. v. Looking Glass Fin., Ltd. Liab. Co., 2019 U.S. Dist. LEXIS 206857 (N.D. Ill., Judge Joan H. Lefkow, 12/2/19) Brief Summary - A federal district court in Illinois granted defendants'...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ohio State Court Affirms Dismissal of Bad Faith and Punitive Damages Claim

In Shah v. Metropolitan Life Ins. Co., 2019 U.S. Dist. LEXIS 25695 (S.D. Ohio Feb. 19, 2019), the U.S. District Court for the Southern District of Ohio dismissed a plaintiff insured's bad faith and punitive damages claims...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Cozen O'Connor

Ever Had A Common Law Bad Faith Claim Dismissed?

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A federal trial court in Tennessee confirmed what has been the law in Tennessee for almost thirty years: no tort of bad faith exists between an insurer and its insured. In Westfield Ins. Co. v. RLP Partners, LLC, 2013 WL...more

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