As COVID-19 continues to spread, recent news has highlighted the risk of “take-home” COVID-19 cases and the potential for “never-ending” liability for businesses. So-called take-home lawsuits are filed by employees’ domestic...more
Many states have statutes establishing that, as a condition of registering to do business in a state, a foreign corporation consents to general personal jurisdiction in that state. Since the Supreme Court’s decision in...more
“Punitive damages pose an acute danger of arbitrary deprivation of property.”
–Honda Motor Co. v. Oberg, 512 U.S. 415, 432 (1994) -
A recent case from Florida’s 11th Circuit Court — Moore v. R.J. Reynolds, 2008-CA-000858...more
Does the statute of limitations bar a claim for punitive damages if the conduct occurred outside the limitations period, but the plaintiff’s injuries occurred within it? An Illinois federal judge recently confronted this...more
In a case pitting the 1960s band The Turtles — best known for the 1967 hit “Happy Together” — against satellite radio, a federal court in California recently granted summary judgment for Sirius XM Radio on the plaintiffs’...more
Earlier this month, a federal judge denied two multidistrict litigation (MDL) defendants’ bid to dismiss punitive damages in a pelvic mesh suit because they did “not present any arguments” specific to punitive damages,...more
As we reported earlier this month, courts sometimes disregard the general rule of non-liability for the conduct of independent contractors, and allow liability to be imposed against principals — including for punitive damages...more
Last month, the Kentucky Supreme Court affirmed an award of punitive damages against a hospital, under the Emergency Medical Treatment and Active Labor Act (EMTALA), that was a staggering 386 times the hospital’s share of...more