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Damages › Actual Damages

Winstead PC

Court Reversed Judgment Against A Financial Advisor Due To A Lack Of Evidence Of Damages

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In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.)....more

Lewitt Hackman

Franchisee 101: The (Ice Cream) Cart Before the Rescission

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A federal court in Cleveland rejected a California franchisee’s claim that an Ohio-based ice cream franchisor violated the California Franchise Investment Law (CFIL). The claim failed because the franchisee could not show it...more

Womble Bond Dickinson

Damage Control: Understanding Defendants’ Potential Exposure Under the Fair Credit Reporting Act

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Depending on the statutory violation, the Fair Credit Reporting Act (FCRA) allows plaintiffs to recover a wide array of damages and exposes defendants to significant liability. Seemingly minor violations of the Act may result...more

White and Williams LLP

Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property...

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In Muncie v. Wiesemann, 2018 K.Y. LEXIS 257, the Supreme Court of Kentucky considered whether stigma damages in a property casualty case are recoverable in addition to the costs incurred to remediate the actual damage. The...more

Womble Bond Dickinson

Grateful Dead: Sixth Circuit Holds TCPA Claim Survives Death of Plaintiff

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On Friday, the Sixth Circuit held in a matter of first impression that claims under TCPA survive the death of the Plaintiff, and may be prosecuted by a successor-in-interest. In Parchman v. SLM Corp., No. 17-5968, 2018...more

Winstead PC

Court Affirmed Finding That An Oral Partnership Existed And That A Partner Breached Fiduciary Duties

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In Harun v. Rashid, two individuals started a restaurant business; one operated the business and the other financed it. No. 05-16-00584-CV, 2018 Tex. App. LEXIS 231 (Tex. App.—Dallas January 9, 2018, no pet. history)....more

Arnall Golden Gregory LLP

Damage Control: Common Errors in Contractually Limiting Damages

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We’ve all heard the proverb, “Prepare for the worst, but hope for the best.” Nowhere is that advice more fitting than in drafting a contract. Of course, the main focus of any negotiation will be the terms of the deal itself –...more

K&L Gates LLP

The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer...

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Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more

K&L Gates LLP

Sixth Circuit’s Rejection of Taint Damages Theory in False Claims Act Case Reinforces that Value-Received May Substantially Offset...

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In False Claims Act (“FCA”) cases, the Department of Justice and, where the government has declined to intervene, qui tam plaintiffs, routinely pursue aggressive damages theories. In its recent decision in U.S. ex rel. Wall...more

Dorsey & Whitney LLP

Sixth Circuit Reminds Government of its Burden to Prove Actual Damages in False Claims Act Litigation

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Last week, the United States Court of Appeals for the Sixth Circuit vacated a federal district court’s award of $657 Million for treble damages under the False Claims Act (“FCA”), restitution, and prejudgment interest. See...more

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