News & Analysis as of

Attorney's Fees Punitive Damages

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

Houston Harbaugh, P.C.

Here Comes Treble: Pennsylvania Supreme Court holds treble damages under the UTPCPL cannot be limited by punitive damages

Houston Harbaugh, P.C. on

On April 25, 2024, the Supreme Court of Pennsylvania held that trial courts considering violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) may not limit damages because of separate...more

Klein Moynihan Turco LLP

Beware Of Pennsylvania Wiretap Laws!

If your business operates a website, it is imperative that you comply with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Readers of our blog are now aware of the growing influx of class action lawsuits...more

Winstead PC

Court Affirmed Award Of Damages And Punitive Damages Against A Trustee Due To A Breach Of The Duty To Disclose, Held That A Trust...

Winstead PC on

In Mendell v. Scott, a decedent had a trust that named him as primary beneficiary, and upon his death, the trust would continue for a niece provided that she did not commit a prohibited act. No. 01-20-00578-CV, 2023 Tex. App....more

Fuerst Ittleman David & Joseph

Florida Litigation Update: Third DCA Clarifies When Joint Proposals for Settlement Are Ambiguous and Addresses the Interplay...

Florida litigators are well aware of the power of a properly used proposal for settlement and the potentially devastating consequences of rejecting such a proposal. Such proposals are powerful tools designed to facilitate...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Extends Defamation Privilege Defenses to Assault, Sexual Harassment, and Workplace Discrimination Complainants

On October 10, 2023, Governor Gavin Newsom signed into law Assembly Bill (AB) No. 933. The new law provides further protection to individuals who are victims of sexual offenses and are sued under state defamation law....more

McGlinchey Stafford

Can I Recover Fees Under an Offer of Judgment Even if I Lose on Appeal? - McGlinchey Commercial Law Bulletin - June 22 2023

McGlinchey Stafford on

Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866. In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more

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

Procopio, Cory, Hargreaves & Savitch LLP

California Appellate Court Invalidates the Ability to Obtain Default Interest on Loans That Have Not Matured

When a late fee is assessed upon the entire principal balance of the loan, is it invalid when the loan is not fully matured? This question, so important to lenders, has been addressed in California after the conclusion of...more

Foley Hoag LLP - Security, Privacy and the...

Is the Video Privacy Protection Act a New Litigation Weapon for Consumers?

On September 19, 2022, a Massachusetts federal District Court denied Boston Globe Media Partners LLC’s motion to dismiss a consumer class action suit against it. This case is one of 47 proposed class actions filed since...more

McDermott Will & Emery

Holdover Trademark Licensee Status Can’t Do Heavy Lifting on “Exceptionality”

The US Court of Appeals for the Sixth Circuit addressed issues of enhanced remedies in a dispute regarding the sale of weightlifting equipment beyond the expiration of a licensing agreement between the involved parties....more

Dorsey & Whitney LLP

The California Supreme Court - July 22, 2022

Dorsey & Whitney LLP on

Siry Investment, L.P. v. Farkhondehpour, No. S262081: The Supreme Court resolved two issues: whether (1) a party in default has standing to file a motion for a new trial alleging legal error in the calculation of damages, and...more

Mintz - Employment Viewpoints

NYC Council Amends Salary Range Transparency Law; Delays Implementation Date

The New York City Council has amended the New York City Salary Range Transparency Act (the “Act”). The Mayor has 30 days to sign the amended law. As discussed in our initial post, the Act amended the New York City Human...more

Kohrman Jackson & Krantz LLP

Gibson’s v. Oberlin College: How False Accusations Led to a $32-Million Dollar Judgement

For the most part, the First Amendment guarantees free speech. But when that speech is false and aimed at inflicting economic harm, it can lead to real liability....more

Rumberger | Kirk

4th DCA Judge Calls for Reform of Proposal for Settlement Rule and Statute – RE: Ambiguity

Rumberger | Kirk on

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

Butler Snow LLP

Step-dad’s “slobbery” kiss leads to big trouble for Tennessee employer

Butler Snow LLP on

Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more

Sheppard Mullin Richter & Hampton LLP

New York City Employers Must Include Salary Ranges in Job Postings Beginning May 15, 2022

On December 15, 2021, the New York City Council passed Int. 1208-2018 (“Int. 1208-2018”), a pay transparency bill with significant implications for employers in New York City. Mayor Eric Adams subsequently took no action...more

Fox Rothschild LLP

Interlocutory Review of Fee Awards: How Much Is Too Much?

Fox Rothschild LLP on

Normally, an interlocutory order awarding attorney fees is not immediately appealable because it does not affect a substantial right that will be lost absent immediate review. But is there a potential exception to that rule...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Expands Liability for Perpetrators of Sexual Assault in the Workplace

On June 10, 2021, the Louisiana State Legislature passed House Bill (HB) No. 379, a measure that provides for civil liability for injuries caused to individuals who have experienced sexual assault in the workplace, as defined...more

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

Waste Transfer Station/Community Service Volunteer: Federal Court Addresses Injury Claim Related Issues

The United States District Court for the Eastern District of Virginia in a May 10 Opinion and Order (“Opinion”) addressed a negligence claim against a Waste Transfer Station (“Landfill”) operator. See Buchanan v. Santek Env’t...more

Freeman Law

The IRS’ Lawsuits, Awards, and Settlements Audit Techniques Guide

Freeman Law on

Some time ago, the IRS issued an Audit Techniques Guide on the taxation of lawsuits, awards, and settlements. As many tax practitioners can attest, there are a multitude of tax issues involving any one of these issues. In...more

Constangy, Brooks, Smith & Prophete, LLP

The Cons Of The PRO Act

The Protecting the Right to Organize Act of 2021 (also known as the “PRO Act”) is back with its laundry list of organized labor’s most-wanted government handouts. After decades of declining membership, unions see the PRO Act...more

Troutman Pepper

U.S. Magistrate Judge Awards 50% of Attorneys’ Fees After Issuing Remittitur Cutting Damages by 50%

Troutman Pepper on

This case was brought on behalf of a class of 72 female sales professionals employed by clothing retailer John Varvatos Enterprises, Inc. (Varvatos), alleging that Varvatos’s clothing allowance policy, which included giving...more

McDermott Will & Emery

$6 Million Verdict Vacated in Flooring Tech Trade Secrets Row

McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit reversed a judgment of trade secret misappropriation because the plaintiff had not proved that the defendant’s duty to maintain the secret arose at the time it acquired the secret....more

108 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide