Punitive Damages Can Be Awarded to a Drunk Driving Accident Victim in Columbus
LegalReader
MAY 18, 2022
Penalties through the civil courts come in the form of punitive damages.
United States: Florida Punitive Damages Amendments Now Subject To Interlocutory Appeal - Wilson Elser Moskowitz Edelman & Dicker LLP
Mondaq
JANUARY 10, 2022
The Florida Supreme Court just changed the litigation landscape regarding punitive damage claims.
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How The Fla. Supreme Court Is Changing Business Litigation
Law 360
FEBRUARY 8, 2022
Three sweeping civil procedure changes introduced by the Florida Supreme Court over the past year — a fresh summary judgment standard, a new apex deponent rule and immediate review of early punitive damages decisions — should lead to fairer and more predictable litigation outcomes, and signal a continued revamp in 2022 and beyond, says Kyle Robisch (..)
Supreme Court to consider NCAA student-athlete compensation, class action rules
JURIST
DECEMBER 17, 2020
The US Supreme Court granted certiorari in three new cases Wednesday, including two cases about compensation for student-athletes. The court consolidated the cases National Collegiate Athletic Association v. ” The court also granted certiorari in TransUnion LLC v. Alston and American Athletic Conference v.
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Laramie vs. Philip Morris Decision Upheld by Mass. High Court
LegalReader
SEPTEMBER 27, 2021
Massachusetts' high court upholds a 2019 jury decision regarding punitive damages.
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Federal jury orders 3M to pay $77.5M to veteran over alleged hearing damage from its earplugs
JURIST
MAY 22, 2022
million to a US Army veteran for alleged hearing damage that resulted from using the company’s military-issue earplugs. The US District Court for the Northern District of Florida Pensacola Division heard the case , with Judge Casey Rodgers presiding. The total amount of damages in the trials lost exceeds USD 300 million.
Rs 10 Lakh Imposed, Defendant Restrained from Using ‘MEDILICE’
LexForti
APRIL 7, 2024
Trial Court restrained the Defendant form using the mark MEDILICE post long drawn trial and awarded punitive damages of sum of Rs. Compensation: The Plaintiff is also entitled to punitive damages amounting to Rs. Brief: In the captioned matter, the Ld. 10 Lakhs against the Defendant. Rajendra Pawar & Anr., (36)
US and UK Rohingya refugees sue Facebook alleging dissemination of ‘hateful and dangerous misinformation’
JURIST
DECEMBER 6, 2021
The causes of action in the suit include strict product liability and negligence, and specifically addresses the following questions of law: whether Facebook (i.e. ” Plaintiffs demand a jury trial.
Chronology of Practice: Chinese Practice in Private International Law in 2021
Conflict of Laws
FEBRUARY 1, 2023
Secondly, five typical cases on Chinese courts’ jurisdiction are selected to highlight the development of Chinese judicial practice in respect of consumer contracts, abuse of dominant market position, repeated actions and other matters. Fourthly, two significant decisions on punitive damages of intellectual property are reported.
WILL STARBUCKS GET ROASTED HERE?
NewmanFerraraLLP
JANUARY 8, 2023
Case Grounded on Fraud and Misrepresentation In mid-November, Kristie Brownell filed a proposed class action in a New York federal court against Starbucks Coffee Co. , the world’s largest coffeehouse chain. Will Starbucks wake up and smell the coffee? # # # SOURCE Brownell v Starbucks Coffee Company (Class Action Complaint).
Federal judge rejects proposed settlement plan in Roundup cancer class action
JURIST
MAY 27, 2021
In light of these losses, Bayer arranged a class action settlement to prevent future litigation. San Fransisco District Court Judge Vince Chhabria called this arrangement “clearly unreasonable” and for class members that do not currently have cancer. Bayer had the option to renew it but was not obligated to.
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THINK THIS MADE RICOLA COUGH?
NewmanFerraraLLP
JANUARY 19, 2023
This Doesn't Sound Very Soothing On December 7, 2022, throat-drop manufacturer Ricola USA was sued in federal court (Southern District of New York, White Plains Courthouse), because one of its products, labelled “Green Tea With Echinacea,” is alleged to have been deceptively marketed. RICOLA USA (federal court complaint)
The Japanese Yearbook of International Law (Vol. 65, 2022)
Conflict of Laws
MAY 19, 2023
It features the following articles, case notes as well as English translation of some relevant court decisions relating to private international law. 348) JUDICIAL DECISIONS IN JAPAN ( Private International Law) Supreme Court (3rd Petty Bench), Judgment, May 25, 2021 (p.423) The latest Volume (Vol.
Chronology of Practice: Chinese Practice in Private International Law in 2020
Conflict of Laws
DECEMBER 18, 2021
Second, 11 typical cases involving Chinse courts’ jurisdiction are selected to highlight the development in Chinese private international law, involving standard essential patents, abuse of market dominance, declaration of non-infringement of patent, asymmetric choice of court agreement and other matters. Choice of court agreement.
Conspiracy theorist radio host ordered to pay $4.1M for calling school shooting staged and victims’ parents ‘liars’
JURIST
AUGUST 5, 2022
Heslin and Lewis originally asked for $150 million in damages. The court proceedings only pertained to how much Heslin and Lewis should be awarded in damages. Fontaine later died in a fire while litigation was pending. . The post Conspiracy theorist radio host ordered to pay $4.1M
Justices to hear major tax case
SCOTUSBlog
DECEMBER 4, 2023
Share The Supreme Court will hear oral argument on Tuesday in a challenge to the constitutionality of a provision of a 2017 corporate tax reform law. A Washington State couple went to court to challenge the law after it increased their tax bill by a one-time payment of roughly $15,000. shareholders own at least 50% of the stock.
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Certifying Questions To State Supreme Courts – Lessons from Lindenberg
SquirePattonBoggs
FEBRUARY 25, 2021
And even though the circuit grants less than 20% of such motions, the questions still have to be accepted by the state supreme court. 2018), which held that Tennessee’s statutory cap on punitive damages violates the state constitution. But the certification process is often a rough road. Jackson Nat’l Life Ins. 3d 348 (6th Cir.
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Depp-Heard Verdict Contains Relatively Rare Defamation-by-Counsel Liability
JonathanTurley
JUNE 2, 2022
Even with the reduction of the $5 million in punitive damages to $350,000 under the statutory state cap for punitive damages, Depp was technically awarded $10,350,000. The defamation laws are far more advantageous for defendants in the UK and most plaintiffs try to litigate such claims in the U.S. See Kennedy v.
The Convergence of Judicial Rules between Mainland China and Hong Kong has Reached a Higher Level
Conflict of Laws
JANUARY 7, 2024
Articles 1, 2, and 4 are provisions that positively state the scope of recognition and enforcement of civil and commercial judgments in the two regions; Articles 3, 5, 12, and 13 are provisions that clearly recognize and enforce the scope of civil and commercial judgments of the courts of the two regions.
Municipalities of Puerto Rico v. Exxon: a unique class action against fossil fuel companies presses for climate accountability in the United States
ClimateChange-ClimateLaw
DECEMBER 2, 2022
On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses since that time. and global climate litigation movement.
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August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments
Conflict of Laws
AUGUST 24, 2022
Please note that in the German case , the Saarbrücken Regional Court of Germany refused to recognize and enforce a Chinese judgment on the ground of lack of reciprocity, despite the fact that, as early as 2013, China confirmed that there was reciprocity between the two countries.
Appellate Court Upholds $25 Million Award Against Oberlin in Mob Action Against Family Grocery
JonathanTurley
APRIL 2, 2022
Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.
In Shielded, Joanna Schwartz Dissects Policing’s Legal Environment
The Crime Report
FEBRUARY 14, 2023
Professor Schwartz has written authoritatively about— among other topics —the role of indemnification , how police might learn from litigation , systems failures in policing, and the procedural and substantive ecosystems that confront any resident who attempts to hold the government and its agents to account for constitutional misconduct.
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“Corners Were Being Cut”: Baldwin Shooting Already Has The Makings of a Blockbuster Tort Action
JonathanTurley
OCTOBER 23, 2021
2d 774 (1998), bystanders can recover for emotional distress damages only when the injury is caused by a sudden, traumatic event and the plaintiff was aware that the event was causing injury to the victim. In 1968, the California Supreme Court expanded NIED claims in Dillon v. They could also seek punitive damages in such a case.
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Small Tech Company Takes On Major Law Firm Over Ownership of Bill-Drafting Software
LawSites
NOVEMBER 29, 2022
But Akin Gump, in its complaint for damages and injunctive relief filed in the District of Columbia Superior Court and in a petition to the U.S. This litigation should be a warning to all innovative legal technology providers.”. 2022 CA 004744 B, filed in the Civil Division of the Superior Court of the District of Columbia.
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By Chloe Co-Founder is Suing Bain Capital, Other Investors in Trademark Battle Over the Buzzy Vegan Brand
The Fashion Law
MAY 12, 2021
In the midst of Haber’s “scheme to ‘milk’ Chloe’s name” without her involvement or authorization, Coscarelli asserts that her corporate entity Chef Chloe LLC and ESquared “were litigating various disputes” related to ownership of the company. ” Fast forward to early this year, and Judge Jesse Furman of the U.S.
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China’s 2022 Landmark Judicial Policy Clears Final Hurdle for Enforcement of Foreign Judgments
Conflict of Laws
JUNE 30, 2022
Key takeaways: Despite the fact that the elaboration of a judicial interpretation appears to have been put on hold, China’s Supreme People’s Court has now resorted to conference summaries, which are not legally binding but have a practical impact, to express its views in recognition and enforcement of foreign judgments.
The Supremes Give the FTC “Nothing but Heartaches”: Court Unanimously Rules No Restitution in Injunction Cases, and How Will This Ruling Impact FDA?
FDA Law Blog
APRIL 23, 2021
The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. By Karin F.R. Moore & Jeffrey N. Gibbs & John R. Heesters —.
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The Uncomfortable Truth About Wrongful Convictions
The Crime Report
JULY 12, 2021
Bazelon’s account of the Briley litigations shows us that our fundamental legal architecture, with its list of requirements for discrete, fatal errors, its time limitations, its denial of post-conviction counsel, and its procedural bypass rules, seeks the exact opposite of that resiliency. Finding Resiliency.
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Trademark Basics, Halloween Special: Tips and Tales From the Trademark Crypt
Broadcast Law Blog
OCTOBER 25, 2016
million in damages (which was reduced to $678,302 on appeal) and $16.8 million in punitive damages (which was reduced to approximately $4.1 We offer no comment on the possible outcome of this litigation, but mention it to illustrate the need for a thorough and competent trademark search before using almost any new mark.).
Final Update: Repository HCCH 2019 Judgments Convention
Conflict of Laws
AUGUST 30, 2023
Breaking) News From The Hague: A Game Changer in International Litigation? 167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 11 of August 2000 (available here ), pp 19-128 II.
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December 2020 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
DECEMBER 11, 2020
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. and non-U.S. FEATURED CASE.
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Update: Repository HCCH 2019 Judgments Convention
Conflict of Laws
APRIL 4, 2023
Breaking) News From The Hague: A Game Changer in International Litigation? 167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 11 of August 2000 (available here ), pp 19-128 II.
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Update: HCCH 2019 Judgments Convention Repository
Conflict of Laws
APRIL 20, 2022
Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Breaking) News From The Hague: A Game Changer in International Litigation? Litigants”, New York University Law Review 94 (2019), pp 1210-1243. “A
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Update: Repository HCCH 2019 Judgments Convention
Conflict of Laws
FEBRUARY 15, 2023
Breaking) News From The Hague: A Game Changer in International Litigation? 167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 11 of August 2000 (available here ), pp 19-128 II.
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Update: HCCH 2019 Judgments Convention Repository
Conflict of Laws
FEBRUARY 16, 2022
Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Breaking) News From The Hague: A Game Changer in International Litigation? Litigants”, New York University Law Review 94 (2019), pp 1210-1243. “A
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Update: HCCH 2019 Judgments Convention Repository
Conflict of Laws
JANUARY 11, 2022
“Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).
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MANDATORY VACCINATION POLICIES: THE TRUTH AND MISCONCEPTIONS.
SAV Paralegal Services
SEPTEMBER 22, 2021
The key difference between government and private sector employees is that the private sector is mostly not unionized, and as such, every employee is bargaining on its own and may advance a claim to the court. SAV Paralegal Services is a litigation law paralegal service provider. MANDATORY VACCINATION CHECK FOR CLIENTS AND VISITORS?
Update: HCCH 2019 Judgments Convention Repository
Conflict of Laws
NOVEMBER 23, 2021
“Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).
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52 It’s March Madness! … It’s April Madness! … Be Wary of Using the NCAA’s Trademarks
Broadcast Law Blog
MARCH 14, 2017
Less than a week ago, the National Collegiate Athletic Association filed a trademark infringement action in federal court against a company that runs an online sports-themed promotions and contests under the marks “April Madness” and “Final 3.” The short answer is through litigation and negotiations over a period of many years.
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Update: Repository HCCH 2019 Judgments Convention
Conflict of Laws
AUGUST 31, 2022
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Breaking) News From The Hague: A Game Changer in International Litigation?
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Update: HCCH 2019 Judgments Convention Repository
Conflict of Laws
DECEMBER 7, 2021
“Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).
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52 Update: Repository HCCH 2019 Judgments Convention
Conflict of Laws
SEPTEMBER 28, 2022
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Breaking) News From The Hague: A Game Changer in International Litigation?
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Update: HCCH 2019 Judgments Convention Repository
Conflict of Laws
JUNE 21, 2022
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Breaking) News From The Hague: A Game Changer in International Litigation?
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