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Litigation Strategies Damages

Sheppard Mullin Richter & Hampton LLP

Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages

In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable attorney’s fees and costs if expressly permitted in a contract....more

Tyson & Mendes LLP

United Defense: Collaborating to Combat Nuclear Verdicts®

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In today’s legal landscape, the defense industry faces the unprecedented challenge of Nuclear Verdicts®. They pose a financial threat to businesses and individuals alike. It is vital for defense attorneys to embrace a...more

Holland & Hart - Your Trial Message

Profile Your Nuclear Juror (Based on the Research)

In addition to making their views known at the ballot box, citizens can similarly broadcast their sentiments in the civil jury box. While they’re asked to merely make a factual finding limited to a specific dispute, the...more

Tyson & Mendes LLP

Don’t Go Nuclear! Six “Secrets” to Stopping Nuclear Verdicts®

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What is a Nuclear Verdict®? We have all heard news of juries awarding incomprehensible piles of money in lawsuits where the injuries and the verdict just don’t seem to add up. These cases may leave you scratching your head...more

McDermott Will & Emery

Making Sense of a Rare Robinson-Patman Act Plaintiffs’ Verdict

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On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more

Bradley Arant Boult Cummings LLP

Mistake No. 4 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Knowing When to Fold ‘Em

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Buckingham, Doolittle & Burroughs, LLC

Revenge Porn Damages

In the age of digital connectivity, our lives are intricately woven into the fabric of the internet. This connectivity brings about unprecedented opportunities for communication but also exposes us to vulnerabilities...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - May 2024

In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

White & Case LLP

Recent Proliferation of Lawsuits Under New Jersey’s Daniel’s Law

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Plaintiffs' attorneys recently have filed a series of lawsuits in New Jersey, seeking damages based on alleged violations of Daniel's Law (N.J. Stat. § 56:8-166.1). The suits allege that various website operators have...more

Holland & Hart - Your Trial Message

If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It

The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix...more

Goldberg Segalla

Another Electrical Utility Settles Wildfire Litigation

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As widely reported, including in previous issues of the Environmental Law Monitor, the environmental and financial impacts of wildfires in recent years have been significant. In the aftermath of these events, an...more

Holland & Hart - Your Trial Message

Leverage the “Implied Precision Effect” on Damages

I remember a recent mock trial where a jury reached the point of considering damages, and one juror threw out a number to start the discussion: “Let’s just say five million.” When another juror challenged the basis for that,...more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

Epstein Becker & Green

#WorkforceWednesday: How to Pursue Damages in Trade Secrets Litigation - Employment Law This Week® - Spilling Secrets Podcast

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This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: Trade secret and non-compete litigation can result in massive damage awards, but those cases can also be...more

MG+M The Law Firm

12 Percent Interest? In This Economy? The Massachusetts SJC Affirms Statutory Interest Rate Added to Judgment

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The Massachusetts Supreme Judicial Court recently handed down a decision affirming that the 12 percent interest rate imposed on damage awards is constitutional. Chief Justice Scott L. Kafker wrote the May 9, 2023, decision...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

IMS Legal Strategies

How to Counteract the Anchoring Effects of a Plaintiff’s Damages Request

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Question: How did the jury arrive at the decision to award the plaintiff $20 million in damages? Actual Juror #1: We came up with a percentage approach, and that’s what we all discussed. We started with what she was asking...more

Fuerst Ittleman David & Joseph

Tort reform update: Florida passes comprehensive tort reform that has potential to fundamental alter civil litigation in Florida.

On March 24, 2023, Governor DeSantis signed into law House Bill 837, a comprehensive bill aimed at creating significant tort reform that has the potential to fundamentally alter civil litigation in Florida. HB 837 shortened...more

Holland & Knight LLP

Podcast: Discussing Florida Tort Reform with William Large and Tiffany Roddenberry

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In the 15th episode of our "Florida Capital Conversations" podcast series William Large, President of the Florida Justice Reform Institute (FJRI), and Tiffany Roddenberry, Holland & Knight attorney, discuss Florida tort...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

Integrated Case Themes & Nuclear Verdict Causes – Episode 46

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IMS Strategy Consultant Dr. Clint Townson discusses the benefits of early case theme development and the factors leading jurors to award massive damages....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

Obermayer Rebmann Maxwell & Hippel LLP

Beware the General Verdict Rule If You Want a New Trial on Damages

Suppose your pre-trial motion to exclude certain evidence was denied, and you believe that evidence improperly influenced the jury’s verdict. That is what happened to defendants in Cowher v. Kodali. Unfortunately, when they...more

Adler Pollock & Sheehan P.C.

“This is your ‘Perry Mason’ moment,” a Cautionary Tale on Inadvertent Disclosures

At the climax of one of the most watched trials that took place in 2022, conspiracy theorist and media personality Alex Jones breathed life into the infamous fictional lawyer once more on August 3, 2022 when confronted with...more

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