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Punitive Damages Bodily Injury

Marshall Dennehey

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

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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

Maison Law

Key Steps to Maximizing Compensation Following a California Personal Injury

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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

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

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

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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

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

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

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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

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

Hinshaw & Culbertson LLP

Hinshaw Insurance Law TV | Bad Faith Law

Scott Seaman, Co-Chair of Hinshaw’s global Insurance Services Practice Group, is joined by Hilary Harmsworth and Sam Vardy of Howden Insurance Brokers to introduce a new fifty-state survey on U.S. bad faith law and to briefly...more

Goldberg Segalla

Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

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Jurisdiction: Superior Court of California, County of Los Angeles - In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication,...more

Goldberg Segalla

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

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Key Takeaways - Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Damages You May Be Entitled to in a Product Liability Case in Florida

Defective products can lead to serious injuries. As in any other catastrophic injury case, the damages which the victim suffers from such an event can be substantial. The types of damages to which you may be entitled can be...more

Searcy Denney Scarola Barnhart & Shipley

How to Calculate Damages in a Florida Personal Injury Case

There are several misperceptions as to how damages are calculated in a personal injury case. Common misbeliefs range from thinking that there is a standard formula for calculating damages to believing that punitive damages...more

Jaburg Wilk

Arizona Supreme Court Clarifies and Heightens Punitive Damages Standard in Negligence Cases

Jaburg Wilk on

The Holding - In Swift Trans. Co. of Az., LLC. v. Carman in and for County of Yavapai, — Ariz. —, 515 P.3d 685 (Aug. 23, 2022), a bodily injury and wrongful death case arising from a tractor-trailer accident, the Arizona...more

Console and Associates, P.C.

Final Bellwether 3M Earplug Trial Ends at $77.5 M Verdict.

A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging that his hearing loss resulted from defective 3M Co. earplugs. The case...more

Console and Associates, P.C.

3M Earplug Bellwether Trial Culminates in a $13 Million Payout – Attorneys Remind Veterans It’s Not Too Late to Sue

The 3M earplug lawsuits keep moving forward. On November 15, 2021, the seventh bellwether trial in the ongoing 3M earplug injury litigation ended in a $13 million award in favor of the plaintiff. This jury award has other...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 2021

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Court Dismisses Claims Against Insurer For Bad Faith Failure To Settle, And For Consequential And Punitive Damages- Scottsdale issued a policy to Watershed Ventures, LLC, which included Directors and Officers Liability...more

Littler

Ontario, Canada Court of Appeal Upholds Jury’s $150,000 Punitive Damage Award Against Employer

Littler on

Punitive damages are awarded against an employer in favour of an employee only if the employer engaged in wrongful acts that are outrageous, reprehensible, and offensive to ordinary standards of decent conduct in the...more

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

Waste Transfer Station/Community Service Volunteer: Federal Court Addresses Injury Claim Related Issues

The United States District Court for the Eastern District of Virginia in a May 10 Opinion and Order (“Opinion”) addressed a negligence claim against a Waste Transfer Station (“Landfill”) operator. See Buchanan v. Santek Env’t...more

Ward and Smith, P.A.

Recovering Punitive Damages in North Carolina Personal Injury Cases

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When an accident happens due to someone else's negligence, an injured person is able to recover compensatory damages from the at-fault party or their insurance carrier. For instance, if an innocent driver is injured in a...more

Foley Hoag LLP

Supreme Court Issues Important Decision on Retroactive Effect of Amendment to Foreign Sovereign Immunities Act

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A recent Supreme Court decision sets important precedent on the retroactive effect of legislation amending the law governing sovereign immunity in the United States. On May 18, 2020, the Supreme Court handed a victory to...more

Jones Day

U.S. Supreme Court Allows Retroactive Punitive Damages Against the Republic of the Sudan - The Supreme Court allows victims of...

Jones Day on

The Supreme Court in Opati v. Republic of Sudan, No. 17–1268, 590 U.S. ___ (2020), has held that the Foreign Sovereign Immunities Act ("FSIA") allows certain plaintiffs to recover punitive damages from state sponsors of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Opati v. Republic of Sudan

On May 18, 2020, the U.S. Supreme Court decided Opati v. Republic of Sudan, holding that plaintiffs who sue a foreign government under the state-sponsored-terrorism exception to the Foreign Sovereign Immunities Act can seek...more

Dorsey & Whitney LLP

The Supreme Court - May 18, 2020

Dorsey & Whitney LLP on

Opati v. Republic of Sudan, No. 17-1268: Victims of a 1998 al Qaeda attack outside the United States Embassies in Kenya and Tanzania brought suit in federal court against the Republic of Sudan, alleging that Sudan had...more

Foley & Lardner LLP

Mexican Legal Hot Topics

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With the new administration of President Andrés Manuel Lopez Obrador, Mexico is currently facing numerous political and economic changes. These changes will have a direct impact on business activities in Mexico including the...more

Blank Rome LLP

The Supreme Court Rejects Punitive Damages in Unseaworthiness Claims

Blank Rome LLP on

A recent United States Supreme Court ruling held that a plaintiff may not recover punitive damages on a maritime claim of unseaworthiness. This new ruling has resolved a split among the circuits and has essentially reinforced...more

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