One of the ongoing goals of the New York State Office of Court Administration (“OCA”) is to periodically update and refine the jurisdictional criteria for the Commercial Division to ensure that it exclusively handles complex...more
Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more
The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more
In 2011 and 2012, two Supreme Court cases discussed how the court should calculate damages arising from stock purchase and sale made on the basis of false securities disclosures. In 2021 and 2022, two district courts further...more
Introduction: The Japanese Supreme Court issued a new important decision that discusses the degree to which punitive damages judgment can be tolerated for purposes of Japanese enforcement....more
On February 16, 2022, the Fourth District Court of Appeal ruled in favor of an insurer when it determined that the Insurer’s proposal for settlement was not ambiguous. See Tower Hill Signature Insurance Co. v. Alex Kushch,...more
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more
Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more
In a unanimous ruling decided July 9, 2015, New York's Appellate Division, First Department declined to overrule an April 2014 order by Justice Sherry Klein Heitler, the then-coordinating justice of the New York City Asbestos...more