Punitive damages and rejected pleas

SCOTUSBlog

Share This week we highlight petitions that ask the Supreme Court to consider, among other things, whether an award of punitive damages that doubles the compensatory damages can comport with due process and how a defendant can prove ineffective assistance of counsel in rejecting a plea offer.

“Justices Sticking to Punitive Damage Limits After J&J Case”

HowAppealing

“Justices Sticking to Punitive Damage Limits After J&J Case”: Kimberly Strawbridge Robinson of Bloomberg Law has this report

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“Court: Florida prisoner can seek punitive damages.”

HowAppealing

“Court: Florida prisoner can seek punitive damages.” ” Jim Saunders of The News Service of Florida has this report on an en banc ruling that the U.S. Court of Appeals for the Eleventh Circuit issued Friday. The en banc majority opinion is notable because it was jointly written by Chief Judge William H. Pryor Jr. and Circuit Judge Beverly B. Martin , who often find themselves on opposite ends of the spectrum when prisoner rights are at issue.

The Supreme Court of Japan on Punitive Damages…

Conflict of Laws

Assume that you successfully obtained a favourable judgment from a foreign court that orders the losing party to pay punitive damages in addition to compensatory damages. Happy with the outcome and knowing that punitive damages cannot be enforced in Japan, you confidently proceed to enforce the remaining part before a Japanese court arguing that the payment you would like to obtain now corresponds to the compensatory part of the award.

Marvel CEO seeks punitive damages for alleged theft of his DNA during a deposition

ABAJournal

Marvel Entertainment CEO Ike Perlmutter is seeking punitive damages against Chubb insurance for allegedly facilitating a DNA theft during a deposition.

Neither federal law nor Iowa law required vacating $200,000 punitive damages award simply because the jury awarded zero in compensatory damages

HowAppealing

Neither federal law nor Iowa law required vacating $200,000 punitive damages award simply because the jury awarded zero in compensatory damages: You can access yesterday’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link

Federal appeals court affirms $25 million judgment in Bayer’s Roundup cancer case

JURIST

The jury awarded Hardeman $75 million in punitive damages, but the federal judge overseeing the trial reduced the punitive damages to $20 million. The jury also awarded Hardeman $5 million in compensatory damages for past and future pain and suffering. ” Judge Smith dissented from the decision to uphold the $20 million in punitive damages because “at the time Hardeman used the product, Monsanto was not engaging in unlawful conduct.”

Afternoon Briefs: Judge trims maternity claims against BigLaw firm; prison guards ordered to wear body cams

ABAJournal

Judge trims claims by ex-Morrison & Foerster lawyers A magistrate judge is allowing two former lawyers at Morrison & Foerster to pursue punitive damages in…

US Supreme Court declines J&J baby powder appeal, takes up H&M copyright dispute

JURIST

billion in punitive damages, claiming the 11:1 ratio of punitive damages to compensatory damages was excessive. Campbell, which would have imposed a fixed 1:1 ratio of punitive damages to compensatory damages for class action suits. Respondents noted that the punitive damage amount had already been substantially reduced to account for the company’s lack of Missouri contacts.

3M Hit With $7.1M Verdict In Earplug MDL Bellwether Trial

Law 360

million verdict Friday, most of it punitive damages, in the first bellwether trial in a massive multidistrict litigation involving military members' claims that their hearing was irreparably harmed because the company's combat earplugs didn't work

Court to take on student-athlete compensation, class action cases

SCOTUSBlog

The Supreme Court also granted a petition filed by credit-reporting giant TransUnion, which had asked it to weigh in on issues related to class actions and punitive damages. On appeal, the 9th Circuit upheld the statutory damages but reduced the punitive damages to roughly $32 million.

Supreme Court to consider NCAA student-athlete compensation, class action rules

JURIST

In the district court, a jury awarded the plaintiffs more than $60 million, nearly $1,000 to each class member for violations of the Fair Credit Reporting Act, and more than $6,000 each in punitive damages. On appeal, the Ninth Circuit upheld the verdict but reduced the punitive damages to a little less than $4,000 per class member. The US Supreme Court granted certiorari in three new cases Wednesday, including two cases about compensation for student-athletes.

California Cannabis Claims: Defamation

HarrisBricken

Libel or slander per se are basically more egregious and implicate presumed damages. Libel per quod: the plaintiff must prove he/she/it suffered “special damages” as a proximate result of the defamation. Slander per quod: the plaintiff must prove he/she/it suffered actual damage.

New York police sued for using excessive force on peaceful protester

JURIST

” In response to these allegations, Smith is requesting that the court award him with compensatory and punitive damages, coverage of legal costs and attorney’s fees, equitable and injunctive relief, and any other relief that the court finds proper.

Half-Brothers Awarded $75 Million after Decades in Prison in Wrongful Conviction Case

The Crime Report

A jury found that Henry McCollum and Leon Brown should each receive $31 million, representing the 31 years they spent in prison, as well as $13 million in punitive damages.

LDS Church sued in Arizona for alleged role in Boy Scouts sexual abuse

JURIST

However, punitive damages are not an available remedy in such older cases. Seven lawsuits were filed Monday in Arizona against The Church of Jesus Christ of Latter-day Saints (LDS Church) for allegedly covering up sexual abuse in church-sponsored Boy Scouts of America (BSA) troops.

Class action suit filed against Rochester Police Department for excessive force

JURIST

Plaintiffs have not yet stated specific amounts for damages. A class action lawsuit was filed Monday in the Western District of New York accusing the Rochester Police Department (RPD) of racist practices and a “pattern … of using excessive force.”

The Chronology of Practice: Chinese Practice in Private International Law in 2019

Conflict of Laws

He Qisheng, Professor of International Law, Peking University Law School, and Chairman at the Peking University International Economical Law Institute, has published the 7th Survey on Chinese Practice in Private International Law.

Federal judge rejects proposed settlement plan in Roundup cancer class action

JURIST

There have been three similar trials since then, which have resulted in multi-million dollar damage awards for plaintiffs. A US judge on Wednesday declined to grant preliminary approval for a settlement against Bayer over claims that their Roundup weedkiller causes cancer.

Kenya court awards 4M shillings to post-election rape survivors

JURIST

The court did not support high punitive damages but awarded 4 million shillings to each of four petitioners to compensate them for the state’s failure to protect their constitutional rights. A Kenyan High Court issued a declaratory order on Thursday in favor of four survivors subjected to rape and other sexual and gender based violence (SGBV) during post-election demonstrations spanning from December 2007 to March 2008, awarding them each 4 million shillings (USD $35,906).

By Chloe Co-Founder is Suing Bain Capital, Other Investors in Trademark Battle Over the Buzzy Vegan Brand

The Fashion Law

In connection with the various causes of action, she is seeking an award of compensatory, treble, and punitive damages; an award of attorney’s fees and costs; and an award of prejudgment interest. .

Dominion Voting sues MyPillow CEO Mike Lindell for defamation

JURIST

billion in damages in the lawsuit against Lindell, including about $650 million in punitive damages and $650 million in compensatory damages.

US Infringement for Failure to Monitor Seat License Fees

PatentlyO

Because the CFC already found infringement but-for the license all that remains on remand is to determine the damages owed. including the minimum statutory damages as set forth in section 504(c).” This amount may not include non-compensatory or punitive damages.

Dominion Voting Systems files $1.6B defamation lawsuit against Fox News

JURIST

Dominion Voting Systems filed a defamation lawsuit in Delaware Superior Court against Fox News on Friday seeking damages for Fox’s claims that Dominion rigged the 2020 presidential election against President Donald Trump.

Congressman files civil lawsuit against Trump over Capitol insurrection

JURIST

Swalwell is seeking monetary damages, including punitive damages. Democratic Representative Eric Swalwell filed a civil lawsuit in federal court against former president Donald Trump, Donald Trump Jr.,

Sixth Circuit Joins Four Other Circuits in Restricting Plaintiffs’ Standing to Bring Claims under the Fair and Accurate Credit Transactions Act (“FACTA”)

SquirePattonBoggs

Under FACTA, any person who willfully violates this provision is liable for actual damages or statutory damages ranging from $100 to $1000, plus punitive damages and attorney’s fees. More than a decade ago, Congress attempted to address a novel threat that was then only in its nascent stages: identity theft.

Dominion Voting Systems files lawsuit against Trump personal attorney Rudy Giuliani

JURIST

The lawsuit filed in the US District Court for the District of Columbia, alleges that Giuliani’s defamatory statements gave rise to more than $650 million in damages, and the company seeks a total of $1.3 billion in damages, including punitive damages.

Certifying Questions To State Supreme Courts – Lessons from Lindenberg

SquirePattonBoggs

2018), which held that Tennessee’s statutory cap on punitive damages violates the state constitution. In our prior post , we noted that the Sixth Circuit seldom grants motions to certify questions of state law. And even though the circuit grants less than 20% of such motions, the questions still have to be accepted by the state supreme court. But the certification process is often a rough road. No recent case better exemplifies those difficulties than Lindenberg v.

Liberty university sues former president Jerry Falwell Jr. for breach of contract and fiduciary duty

JURIST

The civil suit was filed last Thursday in the Lynchburg Circuit Court in Virginia and claims damages on three counts of breach of contract, breach of fiduciary duty and statutory conspiracy. Liberty University has sued its former president, Jerry Falwell Jr.,

Capitol police officers sue Donald Trump for injuries sustained in Capitol riots

JURIST

The officers seek monetary and punitive damages for their injuries. Two Capitol police officers, James Blassingame and Sidney Hemby, have filed suit against former president Donald Trump in connection with the attack on the US Capitol on January 6.

Dominion Voting Systems sues Trump attorney Sidney Powell for defamation

JURIST

Dominion claims that Powell’s media campaign against the company has leveled great damage to its reputation and has led to death threats and harassment to the founders and employees of Dominion. Dominion is seeking compensatory and punitive damages totaling over a billion dollars and a narrowly tailored injunction preventing Powell from making defamatory statements against Dominion.

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

Supreme Court in 1999 that the agency lacked the authority to obtain compensatory relief or punitive damages. In contrast, asking a court to take money from a defendant based on past violations of the FDC Act is largely, if not entirely, backward-thinking and perhaps even punitive. Section 518(e) authorizes FDA to mandate refunds to persons who FDA believes have been damaged by a violation involving medical devices. By Karin F.R. Moore & Jeffrey N.

Trump’s Liability Or Opportunity? Two Capitol Police Officers Sue Trump Over Capitol Riot

JonathanTurley

The officers seek $75,000 in damages in their complaint but also ask for unspecified punitive damages. The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort.

Trademark Basics, Halloween Special: Tips and Tales From the Trademark Crypt

Broadcast Law Blog

The owner of the THIRST-AID ® mark filed a trademark infringement claim and ultimately was awarded in excess of $10,000,000 in damages. 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 At least one station was brought to court and was held liable for $175,000 worth of damages, while other awards have ranged from four to six figures.

It’s March Madness! … It’s April Madness! … Be Wary of Using the NCAA’s Trademarks

Broadcast Law Blog

The NCAA is seeking injunctive relief, damages, the defendant’s profits, punitive damages and an award of attorneys’ fees. 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.”

December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Religious Order Sought Damages Under Religious Freedom Restoration Act from Pipeline Developer. The plaintiffs asserted a violation of the Religious Freedom Restoration Act and requested that the court award them compensatory and punitive damages.

October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Delaware Lawsuit Sought Damages from Fossil Fuel Companies for Climate Change Injuries. The State seeks compensatory damages, penalties for violation of the Consumer Fraud Act, attorneys’ fees, punitive damages, and costs of suit.