News & Analysis as of

Negligence Punitive Damages

Marshall Dennehey

Appeals Court Reverses Punitive Damages Award, Finds Late Trial Amendment to Add Recklessness Prejudiced Defense

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Bernavage by and through Vanston v. Green Ridge Healthcare Group, LLC, WL 14279152025, (Pa. Super. May 19, 2025) - This case concerned an elderly woman’s slip and fall on a shower floor while being assisted by staff in an...more

Marshall Dennehey

Trial Court Allows Punitive Damages Claim to Proceed in Campground Bleacher Fall Case, Citing Monroe Standard

Marshall Dennehey on

K.H. v. Mill Run Campground, Docket No. 2197 of 2023, G.D. (Pa. Com. Pl., Fayette Cnty, Mar. 10, 2025) - A Pennsylvania trial court overruled primary objections to claims of punitive damages when the plaintiffs’ alleged...more

Faegre Drinker Biddle & Reath LLP

Florida Courts of Appeal Scrutinizing Punitive Damages Claims

It is not uncommon for a product liability plaintiff to base a claim for punitive damages on little more than the same allegations that undergird a strict liability or negligence claim, while adding that the defendant knew...more

Tyson & Mendes LLP

Not So Peachy Lately: Georgia Attacking Nuclear Verdicts® with New Tort Reform Laws

Tyson & Mendes LLP on

On January 30, 2025, Governor Brian Kemp, joined by other elected officials and Georgia industry leaders, released his tort reform package in an effort to crack down on Nuclear Verdicts®. An ever-rising number of Nuclear...more

McGuireWoods LLP

North Carolina: Policyholders Not Contributorily Negligent for Agent’s Misstatements

McGuireWoods LLP on

In a pro-policyholder ruling, the North Carolina Supreme Court recently held that a homeowner’s claims against an insurance agent for negligence and gross negligence, seeking punitive damages, survived a motion to dismiss...more

Husch Blackwell LLP

Hawaii Court Hands Down Hefty Verdict Against Tobacco Company Defendant in Throat Cancer Trial

Husch Blackwell LLP on

In a recent case pending in Hawaii state court, a husband and wife sued a tobacco company defendant for various claims related to its manufacturing and marketing of tobacco cigarettes, including strict products liability,...more

Maison Law

Key Steps to Maximizing Compensation Following a California Personal Injury

Maison Law on

There is nothing like an injury to remind human beings of our frailty. Whether it's a car accident or a slip and fall incident in a grocery store, our bodies may feel the aftereffects for months — or even years — after the...more

Searcy Denney Scarola Barnhart & Shipley

Wrongful Death Claims in Florida: A Guide to What You Need to Know

Losing a loved one due to someone else’s negligence or misconduct is one of the most devastating experiences anyone can endure. In Florida, the law provides a pathway for families to seek justice and financial compensation...more

Alston & Bird

Georgia’s Tort Reform Bill Could Dampen “Nuclear” Verdicts, but There’s Still a Long Way to Go

Alston & Bird on

Our Industrials & Manufacturing and Products Liability Groups discuss a bill introduced in Georgia that aims to rein in “nuclear” verdicts that juries award in tort cases in Georgia’s courts....more

Searcy Denney Scarola Barnhart & Shipley

Florida Motorcycle Accident Victim’s Guide to Legal Compensation

Motorcycle accidents in Florida often result in severe injuries due to the lack of protection riders have compared to other motorists. If you or a loved one has been injured in a motorcycle accident, understanding your rights...more

Holland & Hart - Your Trial Message

Account for a Jury’s Purpose on Damages

Something that we see over and over again in mock trials has now occurred in an actual trial. A recent jury in Allegheny County, Pennsylvania entered a defense verdict in favor of Johnson & Johnson, answering “No” to the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Leased Residence: Lessee Files Circuit Court of Washington County Complaint Alleging Certain Causes of Action

Stacy Harper (“Harper”) and her minor daughter (“T.T.”) filed a December 23rd Complaint in the Circuit Court of Washington County, Arkansas incorporating the following causes of action due to the alleged presence of mold in a...more

Goldberg Segalla

Pittsburgh Jury’s Attempt to Award $22 Million in Johnson & Johnson Talc Case Highlights Trial Complexities

Goldberg Segalla on

On Jan. 6, a Pittsburgh jury concluded a month-and-a-half long trial involving a suit asserting that decedent Michaeleen Lee developed mesothelioma from exposure to asbestos-containing talcum powder products made by Johnson &...more

Goldberg Segalla

Judicial Hellholes: 2024-2025 Executive Summary

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The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions....more

Husch Blackwell LLP

Connecticut Court Awards Punitive Damages in Recent Asbestos Trial

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The Estate of Nicholas Barone trial in Bridgeport Superior Court in Connecticut before Judge William Clark concluded with a $15 million plaintiff’s verdict on 5/16/2024. The jury also awarded punitive damages, the exact...more

Kohrman Jackson & Krantz LLP

Subsurface Trespass Risks: Insights from an Ohio Appellate Court Ruling

The Ohio Seventh District Court of Appeals recently delivered its opinion in Triad Hunter, LLC v. Eagle Natrium, LLC, affirming significant jury awards for Triad Hunter, a natural gas producer, in a dispute over brine cavern...more

Akin Gump Strauss Hauer & Feld LLP

Trends in Climate Litigation

Climate litigation has attracted significant media attention in recent years, with the number of cases globally continuing to grow markedly. Such cases broadly fall into two categories: claims for compensation related to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Flow/Adjacent Properties: Complaint Filed in Lonoke, Arkansas Circuit Court Seeking Injunctive Relief/Damages

Cedar Lake Estates, LLC, Robert Dunn, John Belden, and Jeff Evans (collectively, “Plaintiffs”) filed a November 8th Complaint against Leruss Holdings, LCC (“LH”) alleging damages. See Case No. 43CV-24-1070....more

Constangy, Brooks, Smith & Prophete, LLP

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more

Marshall Dennehey

Pennsylvania Supreme Court Holds that Trial Courts May Award Treble Damages Without Regard to a Punitive Damages Award on Related...

Marshall Dennehey on

Dwyer v. Ameriprise Financial, No. 2 WAP 2023 (Pa. April 25, 2024) (Op. by Wecht, J.) (Brobson, J., Concurring and Dissenting) - Following a jury trial, the plaintiffs were awarded punitive damages against their life...more

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

Maison Law on

Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being...more

Goldberg Segalla

PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

Goldberg Segalla on

The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)....more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

Cozen O'Connor on

The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Chambliss, Bahner & Stophel, P.C.

Is a Personal Injury Settlement Taxed?

Approximately 6 percent of adult Americans experience an activity-limiting injury every three months, according to the Centers for Disease Control and Prevention (CDC). Injuries can happen because of carelessness, such as...more

Rumberger | Kirk

Punitive Damages 2023: The Statute Means What It Says

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Cases in which plaintiffs advance a claim for imposition of punitive damages are among the most likely to keep a defense lawyer up at night. Several recent cases from Florida district courts of appeal have reinforced the...more

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