News & Analysis as of

Punitive Damages

Carlton Fields

Florida Appeals Court Decisions: Week of October 21-25, 2024

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U.S. Eleventh Circuit Court of Appeals - Ga v. Shafer - elections, federal officer removal, pretrial habeas - Ga v. Clark -  elections, federal officer removal, special purpose grand jury, federal question - Gemini...more

Goldberg Segalla

Jury Awards Verdict against Automotive Manufacturer; No Punitive Damages Found

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Court: Supreme Court of the State of New York, County of New York (NYCAL) - A jury earlier this month awarded a plaintiff’s verdict in the Supreme Court of the State of New York, County of New York (NYCAL)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Organic Residuals/Storage Lagoon: Nuisance Action Filed in Circuit Court Addressing Crawford County, Arkansas Facility

An individual and a restaurant filed a Class Action Complaint (“Complaint”) on October 18th in the Circuit Court of Crawford County, Arkansas against Denali Water Solutions, LLC (“Denali”). See Case No. 17CV-24-734....more

Constangy, Brooks, Smith & Prophete, LLP

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more

Goldberg Segalla

Connecticut Jury Returns $15M Verdict against J&J in Talc Trial

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Court: Fairfield County, Connecticut Superior Court - A Connecticut jury on Tuesday awarded a $15 million dollar plaintiff’s verdict against Johnson & Johnson and several subsidiaries.  ...more

Amundsen Davis LLC

When Compliance May Not Be Enough: Takeaways From a $462 Million Missouri Verdict

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A Missouri jury recently entered a $462 million product liability verdict against trailer manufacturer Wabash National Corporation. The 2019 underride accident occurred when the driver, with a blood alcohol level over the...more

Goldberg Segalla

Boiler Manufacturer’s Motion for Partial Summary Judgment on Punitive Damages Claims Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that...more

Troutman Pepper

Is the Third Time the Charm? Court Awards $71.4M in Contentious Trade Dress and Publicity Rights Dispute

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Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you....more

Marshall Dennehey

Pennsylvania Supreme Court Holds that Trial Courts May Award Treble Damages Without Regard to a Punitive Damages Award on Related...

Marshall Dennehey on

Dwyer v. Ameriprise Financial, No. 2 WAP 2023 (Pa. April 25, 2024) (Op. by Wecht, J.) (Brobson, J., Concurring and Dissenting) - Following a jury trial, the plaintiffs were awarded punitive damages against their life...more

Proskauer - California Employment Law

Los Angeles County Court Rules $900 Million Jury Verdict “Shocked the Conscience” In Workplace Sexual Assault Case; Reduces It To...

As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against...more

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages

In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not...more

Foley & Lardner LLP

Seventh Circuit Clarifies Parties’ Rights to a Jury Trial When Pursuing Equitable Aiding and Abetting Breach of Fiduciary Duty...

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The Seventh Circuit recently analyzed when a party has a right to a jury trial for claims of aiding and abetting breaches of fiduciary duties arising out of a merger. The Court acknowledged that the Delaware-law claims at...more

Manatt, Phelps & Phillips, LLP

NAR Broker Commission Policy Change Following Antitrust Settlement

In 2019, home sellers brought a series of class-action lawsuits against the National Association of Realtors (NAR) and several national real estate brokerages, alleging that the defendants conspired in anticompetitive...more

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

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Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Inverse Condemnation/Nuisance: Benton Apartment Complex Owner Files Federal District Court Judicial Action Against...

Benton Housing Associates Limited Partnership (“Benton Housing”) filed on August 9th in the United States District Court for the District of Arkansas (Central Division) a Complaint against the following defendants: City...more

Holland & Knight LLP

New York Consumer Protection Laws Gives Rise to Per-Violation Statutory Damages

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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

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

McDonnell Boehnen Hulbert & Berghoff LLP

The NO FAKES Act: Bipartisan Group of Senators Introduce Bill to Protect against Unauthorized Uses of Digital Replicas

After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. ...more

Sheppard Mullin Richter & Hampton LLP

There Are Limits! Reining In FCA Penalties Pursuant to the Excessive Fines Clause

In the high-stakes realm of False Claims Act (FCA) litigation per-claim penalties can reach daunting levels that dwarf even treble damages. A recent ruling from the Eighth Circuit Court provides valuable guidance on the...more

Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

McDermott Will & Emery

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

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The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

McDermott Will & Emery

Message Received: Trade Secret Law Damages Available for Sales Outside US

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The US Court of Appeals for the Seventh Circuit affirmed, in a matter of first impression, a district court’s decision to apply trade secret law extraterritorially and award trade secret damages for foreign sales while also...more

Robins Kaplan LLP

Landmark $7.75 Million Verdict in Aerosol Duster Misuse Case Secured

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In April 2024, Robins Kaplan attorneys secured a groundbreaking $7.75 million verdict against CRC Industries, Inc., a manufacturer of aerosol dusters. The verdict stemmed from a tragic 2019 incident when Cynthia McDougall was...more

Goldberg Segalla

PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

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The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)....more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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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

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