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Damages Statutory Damages Appeals

Husch Blackwell LLP

Federal Judge Certifies Interlocutory Appeal on Retroactivity of BIPA Amendments

Husch Blackwell LLP on

On June 10, 2025, Judge Georgia N. Alexakis of the U.S. District Court for the Northern District of Illinois issued an order allowing the defendant in an Illinois Biometric Information Privacy Act (BIPA) action to immediately...more

McDermott Will & Emery

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

McDermott Will & Emery on

Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

McDermott Will & Emery

A Single Picture Database Is Worth a Thousand Statutory Damages Awards

McDermott Will & Emery on

In the latest appeal of a copyright infringement dispute, the US Court of Appeals for the Ninth Circuit upheld the lower court’s finding that the copyright owner’s photographs were not part of a single compilation for...more

McDermott Will & Emery

Nitpicking Allowed When Determining Statutory Damages

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On the second round of a copyright dispute, the US Court of Appeals for the Seventh Circuit affirmed in part, reversed in part and remanded (again) to the district court to apply the “independent economic value test” handed...more

Robinson+Cole Construction Law Zone

Caution When Approaching Artistry

A $6.75 million judgment was upheld by the United States Court of Appeals, Second Circuit, against a developer that whitewashed 45 spray-painted artworks on its site — several months before the demolition permits were issued....more

Faegre Drinker Biddle & Reath LLP

Million-Dollar Settlement of Billion-Dollar Claim Found Reasonable in Light of Due Process Problems Posed By Disproportionate...

Another court has observed that a billion-dollar aggregate liability under the TCPA likely would violate due process, adopting the Eighth Circuit’s reasoning that such a “shockingly large amount” of statutory damages would be...more

Jones Day

Federal Appellate Court Affirms Significant Reduction of Damages Claim in TCPA Class Action

Jones Day on

The Situation: The United States Court of Appeals for the Eighth Circuit considered constitutional limits on statutory damages awarded under the Telephone Consumer Protection Act ("TCPA"). The Result: The court affirmed a...more

Womble Bond Dickinson

Groundbreaking: Eighth Circuit Confirms TCPA Statutory Damages Were Unconstitutional

Womble Bond Dickinson on

The Eighth Circuit Court of Appeals has released a much-anticipated decision in Golan v. FreeEats.com, Inc, a TCPA case involving the promotion of a movie, Last Ounce of Courage, using a message recorded by former Arkansas...more

Proskauer Rose LLP

Three Point Shot - December 2016

Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

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