News & Analysis as of

Punitive Damages Statutory Interpretation

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

McGlinchey Stafford on

The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

Manatt, Phelps & Phillips, LLP

Due Process Concerns Prevent TCPA Damages, Despite Barr, Says Colorado Federal Court

In the latest post-Barr development, a federal district court in Colorado held that the government-backed debt exception was always invalid, but found that due process concerns prevented enforcement of the Telephone Consumer...more

Pullman & Comley, LLC

United States Supreme Court Denies Cert. in Remington Arms Co. LLC v. Soto

Pullman & Comley, LLC on

The United States Supreme Court has denied certiorari in Remington Arms Co. LLC v. Soto, No. 19-168.  While the focus of this case ought to remain on the families and the Newtown community, this decision has broad...more

Bradley Arant Boult Cummings LLP

The Sixth Circuit Strikes Down Tennessee’s Cap on Punitive Damages

The Sixth Circuit recently issued a divided opinion holding that Tennessee’s statutory cap on punitive damages, Tenn. Code Ann. § 29-39-104, is unconstitutional. What makes the case interesting is that the court decided the...more

Mayer Brown

West Virginia Supreme Court Holds That State’s Cap On Punitive Damages Applies To Claims That Arose Before the Statute’s Effective...

Mayer Brown on

In 2015, West Virginia enacted a statute that caps punitive damages at the greater of $500,000 or four times the compensatory damages. We blogged about the statute here, explaining that the West Virginia legislature was...more

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