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Calculation of Damages Damages

Bricker Graydon LLP

What You Missed This Summer in Higher Ed Athletics - The House Settlement and Johnson Ruling  

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This summer brought significant legal and administrative changes to college athletics, reshaping the landscape for the upcoming academic year. Key court rulings, including the landmark House v. NCAA settlement, have mandated...more

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

Illinois Governor Signs Law Prohibiting Privacy Act Per-Scan Damages

On August 2, 2024, Illinois Governor JB Pritzker signed a law that clarifies that the state’s Biometric Information Privacy Act (Privacy Act or BIPA) does not provide for per-scan damages, legislatively overruling the Supreme...more

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

Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations

The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part I: When the Government Leaves Early

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The commercial real estate market in the United States is undergoing a profound shift as building vacancy increases in most major markets and as trillions of dollars of financing are coming due in 2024....more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Slip and Fall Case

When you have a slip and fall case, you need to make informed decisions. One of the most important decisions you may need to make is deciding when (and if) to settle your case. Knowing whether to accept a settlement offer...more

BakerHostetler

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

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A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more

Epstein Becker & Green

Business Enterprise Value as a Measure of Damages for Business Torts

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Recently, a 1952 Mickey Mantle baseball card, in near-mint condition, sold for a record $12.6 million at auction. Imagine if the new owner brought the card home and showed it to a friend, carefully instructing the friend not...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

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On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

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

Illinois Supreme Court Declines to Reconsider Privacy Act Per-Scan Damages

On July 18, 2023, the Supreme Court of Illinois declined to reconsider its February 2023 holding that claims under the state’s Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or...more

Searcy Denney Scarola Barnhart & Shipley

How to Calculate Damages in a Florida Personal Injury Case

There are several misperceptions as to how damages are calculated in a personal injury case. Common misbeliefs range from thinking that there is a standard formula for calculating damages to believing that punitive damages...more

Robinson+Cole Data Privacy + Security Insider

BNSF Awarded New Trial for BIPA $228M Award

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more

Latham & Watkins LLP

CJEU Rejects Minimum Threshold for GDPR Claims

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The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages. In a recent judgment (Case C-300/21), the Court of Justice of...more

Robinson Bradshaw

Does Due Process Limit Aggregate Statutory Damages in Class Actions?

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Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized...more

IMS Legal Strategies

Uncovering Juror Bias, Counteracting Nuclear Verdicts, & the Future of Massive Damages – Episode 47

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IMS Strategy Consultant Dr. Clint Townson delves into jurors’ anti-corporate bias—including how to uncover biases through social media research and counteract them with an impactful company story—as well as ways to avoid...more

IMS Legal Strategies

What Is Causing Today’s Massive Verdicts—and What Can We Do About It?

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Data compiled by the American Transportation Research Institute shows that lawsuits targeting the trucking industry have increased at an exponential pace, seen in both the volume of cases and the size of verdict awards. When...more

Latham & Watkins LLP

DOI Seeks Comments on Proposal to Expand Natural Resource Damage Assessment Procedures

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The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more

Dorsey & Whitney LLP

DC Circuit Adopts Pro Tanto Rule for “Common Damages” in FCA Claims Involving Multiple Defendants

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The United States Court of Appeals for the D.C. Circuit recently considered the extent to which settlements in related False Claims Act cases must be offset against damages owed by non-settling parties – and the appropriate...more

Morris James LLP

Superior Court Classifies Cryptocurrency as a Security and Calculates Contract Damages Based on Cryptocurrency Valuation

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Diamond Fortress Techs., Inc. v. Everid, Inc., C.A. No. N21C-05-048 PRW CCLD (Del. Super. Ct. Apr. 14, 2022) - Plaintiff Diamond Fortress contracted with the defendant company to provide its software to develop a trading...more

Blank Rome LLP

Partial Settlement and Allocation of Damages Liability under the False Claims Act (“FCA”)

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On August 30, 2022, the D.C. Circuit Court of Appeals brought renewed attention to the conundrum of False Claims Act (“FCA”) damages by applying a pro tanto allocation rule to a partially settled case. In United States v....more

Stinson - Government Contracting Matters

DC Circuit Sets FCA Offset Standard to Limit What the Government Can Recover in USA v. Honeywell International Inc.

The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment.  Under the FCA, contractors that falsely certify their compliance...more

Holland & Knight LLP

False Claims Act Damages: D.C. Circuit Says Government Cannot Keep Going Back to the Well

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False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with...more

Dorsey & Whitney LLP

The California Supreme Court - July 22, 2022

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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

Latham & Watkins LLP

French Supreme Court Validates Caps on Damages for Unfair Dismissals

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For employers doing business in France, the court’s recent decisions mean more predictability in the amounts that judges can award in case of unfair dismissals. In two landmark decisions on 11 May 2022, the Employment...more

BCLP

Assessment of damages for breach of contract: costs of cure vs difference in value

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The most common remedy for breach of contract is the award of damages. The usual aim of the court is to place, as far as possible, the innocent party in the position it would have been in had the breaching party performed...more

BCLP

The Supreme Court of Georgia Sheds New Light on Apportionment of Damages

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The Supreme Court of Georgia issued another decision in its recent line of cases opining on the scope and availability of Georgia’s apportionment statute - O.C.G.A. § 51-12-13. This latest decision, Alston & Bird, LLP v....more

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