News & Analysis as of

Punitive Damages Compensatory Damages Damages

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

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

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

Mintz - Employment Viewpoints

NYC Council Amends Salary Range Transparency Law; Delays Implementation Date

The New York City Council has amended the New York City Salary Range Transparency Act (the “Act”). The Mayor has 30 days to sign the amended law. As discussed in our initial post, the Act amended the New York City Human...more

Roetzel & Andress

Does Joint & Several Liability Apply To Punitive Damages?

Roetzel & Andress on

The application of joint and several liability to economic and non-economic damage awards is well established, but its application to punitive damages is less clear. In Ohio, a defendant who is found more than 50% responsible...more

McGuireWoods LLP

To Win Punitive Damages for Pervasive Conduct in California, Plaintiff Must Specify Wrongdoer

McGuireWoods LLP on

In a recent unpublished opinion, California’s 2nd District Court of Appeal handed down a potentially significant opinion on the application of punitive damages. In Morgan v. J-M Manufacturing Co. (Case. No. B297393), the...more

Mayer Brown

A $6.8 Million Band Aid

Mayer Brown on

Last October, I reported on the $8 billion punitive verdict returned by a Philadelphia jury against Johnson & Johnson in a case alleging that the company had failed to warn that its antipsychotic drug Risperdal could cause...more

White & Case LLP

English Court of Appeal slashes UK's first cartel follow-on antitrust damages award and emphasises claimants' burden to prove...

White & Case LLP on

In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more

McGuireWoods LLP

Florida Court Awards No Compensatory Damages ... But $1 M Punitive

McGuireWoods LLP on

“Punitive damages pose an acute danger of arbitrary deprivation of property.” –Honda Motor Co. v. Oberg, 512 U.S. 415, 432 (1994) - A recent case from Florida’s 11th Circuit Court — Moore v. R.J. Reynolds, 2008-CA-000858...more

Seyfarth Shaw LLP

District Court Awards Punitive Damages In Sex-Based Harassment EEOC Suit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In E.E.O.C. v. Scott Medical Health Center, P.C. No. CV 16-225, 2017 WL 5493975, at *2 (W.D. Pa. Nov. 16, 2017), a default judgement of liability was entered against the defendant company for sex-based...more

Clark Hill PLC

Texas Supreme Court Announces New Rule for Exemplary Damages

Clark Hill PLC on

The Due Process Clause of the Fourteenth Amendment prohibits the imposition of excessive exemplary damages. Whether an award comports with due process is measured by three guideposts...more

Mayer Brown

Updates On Some Cases About Which We Have Reported

Mayer Brown on

There have been subsequent developments in several cases about which we have posted in recent months. On April 27, 2016, the California Supreme Court denied review in Casey v. Kaiser Gypsum Co., a case in which the...more

Mayer Brown

Reflections on the Twentieth Anniversary of BMW v. Gore

Mayer Brown on

Today marks the twentieth anniversary of the Supreme Court’s decision in BMW of North America. Inc. v. Gore, the first time the Court had ever held that a punitive damages award was unconstitutionally excessive under the Due...more

Haight Brown & Bonesteel LLP

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

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