News & Analysis as of

Punitive Damages

Marshall Dennehey

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

Marshall Dennehey on

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

Katten Muchin Rosenman LLP

Punitive Damages in Trademark Litigation: A Shift in the Legal Landscape? - The Katten Kattwalk | Issue 29

The US Court of Appeals for the Seventh Circuit's (Seventh Circuit) decision in Curry v. Revolution Laboratories, LLC, 124 F.4th 441 (7th Cir. 2024), has drawn attention to the interplay between federal and state law in...more

Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft...more

Jackson Lewis P.C.

Texas Enacts Liability Shield From Punitive Damages for Certain Small Businesses That Adopt Cybersecurity Programs

Jackson Lewis P.C. on

On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like...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

Winstead PC

Presentation: Bad Boys, Bad Boys: Ramifications for Intentional Breaches of Fiduciary Duties by Trustees

Winstead PC on

On May 9, 2025, David Johnson gave his presentation “Bad Boys, Bad Boys: Ramification for Intentional Breaches of Fiduciary Duties by Trustees,” to the Corpus Christi Estate Planning Council. This presentation addressed the...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

How to File a Product Liability Claim for Defective Car Parts in Florida

When a defective car part causes an accident or injury, the consequences can be devastating. If you or a loved one have suffered due to a faulty automobile part(s), you may have the right to file a product liability claim to...more

Carlton Fields

Florida Appeals Court Decisions Week of January 27 - 31, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Guevara v. Lafise - FLSA - Turner v. US Att’y Gen - immigration, derivative citizenship - USA v. Webster - statute of limitations, tolling by filing information - Insurance...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

Proskauer - Trade Secrets

Jury Awards $452 Million After Trade Secrets Trial

On December 3, 2024, a U.S District Court for the District of Massachusetts jury awarded Plaintiff Insulet Corporation $452 million in compensatory and punitive damages after finding Defendants willfully misappropriated...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

Farrell Fritz, P.C.

The Commercial Division Proposes a Monetary Threshold for Equitable and Declaratory Relief: Implications and Insights

Farrell Fritz, P.C. on

One of the ongoing goals of the New York State Office of Court Administration (“OCA”) is to periodically update and refine the jurisdictional criteria for the Commercial Division to ensure that it exclusively handles complex...more

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

Segal McCambridge on

For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...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

Goldberg Segalla on

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

Dorsey & Whitney LLP

Key Changes to the Korean Trademark Law to be Enacted in 2025

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On December 27, 2024, the Korean National Assembly passed a proposed amendment to the Trademark Act (“Amendment”) which will be enacted six months following the date of promulgation. Originally published by Kim & Chang....more

Weintraub Tobin

You Can’t Make Me Go to that Meeting! CA Law Prohibits Adverse Action Against Employees Who Refuse to Go to Certain Meetings

Weintraub Tobin on

If you followed California’s 2024 Legislative term, you know that Senate Bill 399 (“SB 399”) was passed and signed into law by Governor Newsom on September 27, 2024. For the most part, SB 399 has been described as a new...more

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