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“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. MORE
“Justices Sticking to Punitive Damage Limits After J&J Case”: Kimberly Strawbridge Robinson of Bloomberg Law has this report MORE
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. MORE
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. MORE
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.” MORE
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. MORE
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. MORE
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., MORE
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. MORE
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. MORE
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. MORE
The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. Punitive damages are awarded as a way to punish the defendant and to deter that same conduct in the future. MORE
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.” MORE
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. MORE
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. MORE
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. MORE
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). MORE
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. . MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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 MORE
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. MORE
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. MORE
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. MORE
billion in damages in the lawsuit against Lindell, including about $650 million in punitive damages and $650 million in compensatory damages. MORE
Judge trims claims by ex-Morrison & Foerster lawyers A magistrate judge is allowing two former lawyers at Morrison & Foerster to pursue punitive damages in… MORE
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. MORE
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 MORE
Marvel Entertainment CEO Ike Perlmutter is seeking punitive damages against Chubb insurance for allegedly facilitating a DNA theft during a deposition. MORE
” 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. MORE
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. MORE
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.” MORE
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., MORE
Punitive Damages Related Topics SCOTUSBlog
MAY 7, 2021
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.
HowAppealing
JUNE 4, 2021
“Justices Sticking to Punitive Damage Limits After J&J Case”: Kimberly Strawbridge Robinson of Bloomberg Law has this report
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HowAppealing
APRIL 13, 2021
“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.
Conflict of Laws
JUNE 3, 2021
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.
ABAJournal
MARCH 3, 2021
Marvel Entertainment CEO Ike Perlmutter is seeking punitive damages against Chubb insurance for allegedly facilitating a DNA theft during a deposition.
HowAppealing
MARCH 18, 2021
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
JURIST
MAY 17, 2021
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.”
ABAJournal
MARCH 15, 2021
Judge trims claims by ex-Morrison & Foerster lawyers A magistrate judge is allowing two former lawyers at Morrison & Foerster to pursue punitive damages in…
JURIST
JUNE 1, 2021
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.
Law 360
APRIL 30, 2021
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
SCOTUSBlog
DECEMBER 16, 2020
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.
|
JURIST
DECEMBER 17, 2020
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.
HarrisBricken
JANUARY 30, 2021
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.
JURIST
JUNE 3, 2021
” 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.
The Crime Report
MAY 17, 2021
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.
JURIST
DECEMBER 29, 2020
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.
JURIST
APRIL 7, 2021
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.”
Conflict of Laws
JANUARY 19, 2021
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.
JURIST
MAY 27, 2021
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.
JURIST
DECEMBER 11, 2020
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).
The Fashion Law
MAY 12, 2021
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. .
JURIST
FEBRUARY 22, 2021
billion in damages in the lawsuit against Lindell, including about $650 million in punitive damages and $650 million in compensatory damages.
PatentlyO
FEBRUARY 25, 2021
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.
JURIST
MARCH 26, 2021
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.
JURIST
MARCH 7, 2021
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.,
SquirePattonBoggs
MAY 14, 2021
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.
JURIST
JANUARY 25, 2021
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.
SquirePattonBoggs
FEBRUARY 25, 2021
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.
JURIST
APRIL 20, 2021
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.,
JURIST
APRIL 2, 2021
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.
JURIST
JANUARY 8, 2021
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.
FDA Law Blog
APRIL 23, 2021
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.
JonathanTurley
MARCH 31, 2021
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.
Broadcast Law Blog
OCTOBER 25, 2016
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.
Broadcast Law Blog
MARCH 14, 2017
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.”
ClimateChange-ClimateLaw
DECEMBER 11, 2020
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.
ClimateChange-ClimateLaw
OCTOBER 20, 2020
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.
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