On November 19, 2020, a unanimous panel of the Court of Appeals for the Federal Circuit (“Federal Circuit”) decided Vectura Ltd. v. GlaxoSmithKline LLC, affirming a $90 million verdict. Vectura Ltd. (“Vectura”) sued...more
In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
A recent personal injury verdict in Brooklyn is one of the largest ever awarded to a single plaintiff in New York state. The verdict highlights the utility of two procedural tools available to defendants facing excessive...more
On January 3, 2019, following a jury’s award of $145 million in damages to Wi-LAN, the Southern District of California granted Apple’s motion for a conditional order of remittitur to a $10 million damages award. In granting...more
The Due Process Clause of the Fourteenth Amendment prohibits the imposition of excessive exemplary damages. Whether an award comports with due process is measured by three guideposts...more
This transcript is the trial court's ruling denying a defendant's motion for new trial and/or remittitur of the verdict amount ($8.35 million, a record in this court) in a medical malpractice case brought for a man whose...more
This brief was filed in successful opposition to a defense motion for new trial or to reduce a large verdict for the plaintiffs in a medical malpractice trial in the District of Columbia in 2017. The brief addresses issues...more
Chief Judge Patti B. Saris of the District of Massachusetts recently issued an order paving the way for the Trustees of Boston University to seek an interlocutory appeal to clarify the Maximum Recovery Rule for remittitur....more