False Claims Act Insights - The Mathematics of Nuclear FCA Verdicts
Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
The Impact of the Horn Case on RICO - RICO Report Podcast
Law School Toolbox Podcast Episode 497: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries — RICO Report Podcast
RICO Damages — RICO Report Podcast
(Podcast) The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
The Briefing; How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Using Expert Witnesses in FCRA Cases - FCRA Focus
#WorkforceWednesday: How to Pursue Damages in Trade Secrets Litigation - Employment Law This Week® - Spilling Secrets Podcast
How Do You Measure The Economic Value of Ecosystems?
Podcast: Discussing Florida Tort Reform with William Large and Tiffany Roddenberry
6 Key Takeaways | Presenting Damages in International Arbitration
In In Re State Farm Automobile Insurance Co. and Lindsey Nicole Dessart, 712 S.W.3d 53 (Tex. 2025), the Texas Supreme Court clarified the proper procedure for litigating bad faith claims related to uninsured/underinsured...more
Court: Civil District Court for the Parish of Orleans, State of Louisiana - As previously reported HERE in the Asbestos Case Tracker, a Louisiana jury on May 7 returned a plaintiff’s verdict against talc manufacturer Johnson...more
The Higher Regional Court Hamm dismissed a Peruvian farmer’s claim against a large international energy group for damages related to climate change but acknowledged in an obiter dictum that such claims may be legally possible...more
Last week, a long-running lawsuit brought against a major German energy company by a Peruvian farmer for alleged damages stemming from climate change was dismissed by an appellate court in Germany. The court's reasoning...more
McClain v. MTA Bus Co., 222 N.Y.S.3d 142 (2d Dept Nov. 27, 2024) - The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions...more
A recent Texas Supreme Court decision fully overturned a jury’s finding that a franchisor was liable for the criminal actions of a franchisee’s employee. This decision underscores the importance of a franchisor having clearly...more
Damage to a product resulting from a defect within the product constitutes presumptively unrecoverable pure economic loss. That is the conclusion of the Ontario Court of Appeal in North v. Bayerische Motoren Werke AG, 2025...more
The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. ...more
New York’s Court of Appeals has overturned decades-old precedent and permitted victims of animal-related injuries to recover damages against an animal’s owner. An injured person can now pursue claims against an animal’s owner...more
Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more
In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more
Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the “defendant’s profits” as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc....more
Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more
On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out...more
According to court filings, on October 11, 2019, a Segway struck Marilyn Kubichek and Dorothy Baldwin as they strolled along a D.C. sidewalk....more
The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more
The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The...more
In Topalsson GmbH v. Rolls-Royce Motor Cars Limited, the Court of Appeal helpfully re-affirmed that the ‘commonsense’ approach to the application of liability caps is to apply them before any set-off calculation....more
In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims....more
GEICO General Insurance Company v. Tsao, Fla. 5th DCA, No. 5D2023-0645, December 6, 2024 - The Fifth District Court of Appeal reversed a jury trial verdict in favor of the plaintiffs/insureds in an underinsured motorist case...more
This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more
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
The US Court of Appeals for the Ninth Circuit found that liability under the Copyright Act and liability under the Lanham Act are not mutually exclusive and that liability under the Copyright Act does not negate trade dress...more
Considering numerous claim construction, infringement and damages issues related to patents allegedly covering Apple’s iPhones 5 and 6 series technology, a panel of the US Court of Appeals for the Federal Circuit determined...more
In a rare appellate trade secret opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s denial of a defendant’s request for a new trial on liability and its refusal of the plaintiff’s requested...more