SquirePattonBoggs

SEPTEMBER 13, 2023

In the counties’ view, the only public-nuisance claims that OPLA abrogated were ones that sought compensatory damages from product-liability-related harms. To decide the issue anyway was, in the Panel’s view, an invitation “to speculate on how the Supreme Court of Ohio would interpret the statute.” 3d 447, 450 (6th Cir.

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Compensatory Damages Laws Litigation Litigating 64

At the Lectern

DECEMBER 24, 2020

Cohen , the Supreme Court holds that, although the pertinent statute’s language “does not point unerringly to th[e] result” the court reaches, a plaintiff seeking an accounting must “state a specific dollar amount to support a default judgment granting monetary relief.”

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Day on Torts

APRIL 6, 2022

Plaintiff’s initial complaint was filed in May 2009 and sought $1 million in compensatory damages and $1 million in punitive damages. Defendant was never served with this amended complaint, but the trial court entered a final judgment awarding plaintiff $3 million in total damages in August 2017. Code Ann. §

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Constitutional Law Reporter

DECEMBER 27, 2021

Empire Health Foundation: The case involves a provision of the Medicare statute, which provides that a hospital that serves a “significantly disproportionate number of low-income patients” may receive an additional payment for treating Medicare patients, known as the disproportionate-share-hospital adjustment. 1395l(t)(12).”. .:

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Stare Decisis Court Compensatory Damages Statute 59

Constitutional Law Reporter

JANUARY 3, 2022

Empire Health Foundation: The case involves a provision of the Medicare statute, which provides that a hospital that serves a “significantly disproportionate number of low-income patients” may receive an additional payment for treating Medicare patients, known as the disproportionate-share-hospital adjustment. 1395l(t)(12).”. .:

Stare Decisis 52

Stare Decisis Court Compensatory Damages Statute 52

Day on Torts

MAY 24, 2022

Plaintiff’s complaint sought compensatory damages for defamation, false light invasion of privacy, and intentional infliction of emotional distress. It also sought punitive damages, injunctive relief, and a declaratory judgment that defendants had violated certain statutes. internal citation omitted).

Tort 59

Tort Court Compensatory Damages Punitive Damages 59

SCOTUSBlog

JANUARY 12, 2021

Justice Neil Gorsuch suggested to Waggoner that most lawsuits would still be able to go forward even if a request for nominal damages, standing alone, was not enough to keep a case alive. Alito pressed Pinson, asking whether an award of $10 in statutory damages would be large enough for the lawsuit to go forward.

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Government Compensatory Damages Statute Court 55

Conflict of Laws

MARCH 23, 2024

This paradigm shift could also be observed in proposals to focus more on what is necessary to achieve adequate deterrence when deciding on whether and how much to award in cases in which punitive damages are a possibility. French courts, on the other hand, seemed to apply a rather general proportionality test.

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Punitive Damages Compensatory Damages Tort Civil Law 57

At the Lectern

APRIL 29, 2021

The relevant statute provides the possession crime occurs when there’s been a violation of “an express condition of probation,” but a form Judicial Council instruction that was given to the jury says an element of the crime is that “ a court had ordered that the defendant not own or possess a firearm.”

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Court Compensatory Damages Attorney Construction 49

JonathanTurley

OCTOBER 23, 2021

This incident could well prove a violation of a statute or regulation making the act “negligent per se.” They could also seek punitive damages in such a case. Compensatory damages cover both economic and non-economic damages. However, the statute of limitations in three years for personal injury cases.

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Tort Punitive Damages Personal Injury Compensatory Damages 38

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” compensatory damages and $300,000.00 punitive damages. 47 U.S.C. §

Tort 34

Tort Court Compensatory Damages Punitive Damages 34

SCOTUSBlog

NOVEMBER 29, 2021

The ACA (in Section 1557) bars federally funded health care programs from discriminating in violation of certain civil rights statutes, including the Rehabilitation Act. The same is true, in effect, of other antidiscrimination statutes, such as Title IX.

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Court Laws Compensatory Damages Statute 87

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. Cummings v.

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SCOTUSBlog

JULY 2, 2021

She sought compensatory damages for “humiliation, frustration, and emotional distress.” At issue in the case is whether federal disability laws allow Cummings to recover damages for emotional distress.

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Compensatory Damages Court Education Court Rules 141

ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw. 12, 2020).

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SCOTUSBlog

OCTOBER 5, 2021

involving whether punitive damages that are twice compensatory damages, and fall within a state’s statutory punitive damages cap, are constitutionally excessive. Three cases involving lawsuits over allegations that police officers used excessive force. Epic Systems Corp v. Tata Consultancy Services Ltd. 27 conference).

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Punitive Damages Compensatory Damages Court Statute 54

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. Coverage of the oral argument is available here.

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Court Reporting Court Construction Government 54

The Crime Report

AUGUST 4, 2021

In both cases where the testimony according to James is damning, the incidents fall within the two-year statute of limitations that applies to misdemeanors in New York State. . “It

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Misdemeanor Compensatory Damages Attorney Statute 59