article thumbnail

Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

Further, where the fraud was related to the purchase of plaintiff’s home, and the jury awarded plaintiff the amount she paid for the home in compensatory damages, that award was affirmed. On appeal, the verdict for compensatory damages was affirmed, but the punitive award was vacated and remanded for further proceedings.

article thumbnail

Judgment for damages void where defendant was not served with amended omplaint.

Day on Torts

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. In Turner v. Code Ann. §

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Chancery court lacked subject matter jurisdiction over defamation tort claims.

Day on Torts

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
article thumbnail

Mopping up final business with 14 new relists

SCOTUSBlog

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. Tennessee , 22 Orig. Tennessee , 22 Orig. Cummings v. Cummings v.

article thumbnail

Justices add one religious-rights case to docket but turn down another

SCOTUSBlog

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. Tennessee , a long-running dispute between the two states over groundwater in an aquifer. Mississippi v.

article thumbnail

November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. Tennessee Valley Authority , No. Center for Biological Diversity v. 3:18-cv-01446 (N.D.