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.

Online event: Recognition of Punitive Damages Judgments, 14 October 2021

Conflict of Laws

On Thursday 14 October 2021 an online M-EPLI roundtable will take place on private international law issues relating to the recognition and enforcement of foreign (mostly US) punitive damages judgments in countries outside of Europe. The event is organised by Lotte Meurkens and Cedric Vanleenhove and the Maastricht European Private Law Institute.

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

Iowa Supreme Court limits financial damages for victims of excessive force by law enforcement officers

JURIST

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.

US Capitol police officers file federal suit against Trump and far right groups over Jan 6 riots

JURIST

The plaintiffs demand a jury trial and seek compensatory and punitive damages, including attorneys’ fees and costs, for physical and emotional injuries caused by the defendants.

California Cannabis Claims: Conversion

HarrisBricken

Damages. Conversion causes of action are often thrown in because they allow for both compensatory and punitive damages in certain cases: Compensatory damages: Civil Code §§ 3336-3338 specifically address damages for conversion.

“Bayer Loses Third Appeal of Roundup Herbicide Cancer Verdict”

HowAppealing

The majority opinion affirms an award of punitive damages totaling nearly $70 million “Bayer Loses Third Appeal of Roundup Herbicide Cancer Verdict”: Joel Rosenblatt and Jef Feeley of Bloomberg News have this report on a ruling that a partially divided three-judge panel of California’s First District Court of Appeal issued today.

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.

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…

Jury Hits Toyo Tire With $110M Verdict In Dispute With Rival

Law 360

10 million in compensatory damages and $100 million in punitive damages Wednesday, finding rival Toyo Tire Corp. An Illinois federal jury awarded Atturo Tire Corp. $10

Monsanto Hit With $185M Verdict Over PCB Brain Damage

Law 360

A Washington state jury awarded $185 million Tuesday to three teachers who said toxic chemicals produced by Monsanto were left in light fixtures at their school and caused them brain damage, awarding $50 million total compensatory damages and $45 million to each plaintiff in punitive damages

Europe rights court: Russia responsible for assassination of ex-KGB officer Alexander Litvinenko

JURIST

” Fifteen years after the murder of Litvinenko, the ECHR has ordered Russia to pay the ex-KGB officer’s wife, Maria, US $117,304 in damages plus $26,389 in costs. A request for punitive damages was rejected by the Strassbourg court.

Calif. Panel Affirms $87M Roundup Award Against Monsanto

Law 360

A California appellate court Monday rejected Monsanto's bid to overturn an $87 million award and trial win for a couple who claimed glyphosate in Roundup weedkiller gave them cancer, with one judge largely concurring but dissenting as to the "grossly excessive" punitive damages

Pete Recommends – Weekly highlights on cyber security issues, July 25, 2021

LLRX

Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few.

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

Cannabis Copyright Infringement: It’s NOT Nice

HarrisBricken

The Complaint goes into great detail about why this misappropriation was so damaging – Mr. Cohen has been very selective in which issues he publicly gets involved in; he has never been involved in advertising ANY commercial products or services; and he has never used cannabis in his life.

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.

Remington Offers $33 Million to Settle With Sandy Hook Families

The Crime Report

In a February court filing, the families’ lawyers estimated that wrongful death claims likely totaled more than $225 million, and total claims including punitive damages could exceed $1 billion. Remington Arms Co.

New York’s Nassau County legislature passes controversial legislation permitting police to sue protestors

JURIST

Individuals who discriminate are subject to “substantial civil penalt[ies]” as well as punitive damages and injunctive relief.

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.

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.

Pride in Patent Ownership Act

Patently-O

The bill pushes this pride by requiring patent owners to record their ownership with the kicker that those who fail to record lose their right to punitive damages for any infringement that occurs prior to recordation. by Dennis Crouch.

Tennessee Prosecutor Accused of Telling Deputies to Destroy Pictures of Brutal Beating

JonathanTurley

The prosecutor “has been terminated” but the question is whether the disclosure will feature in a trial for civil damages. The complaint seeks punitive damages. The disclosure would also be highly damaging for the defense.

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.

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.

Court Rules Air Force Is More At Fault For Mass Shooting Than The Shooter

JonathanTurley

million to the family of Sam Graham, including $5 million in punitive damages, in a wrongful-death lawsuit. There was a remarkable decision by a Texas federal judge this week when U.S.

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.”

Why Your Business May Need Employment Practices Liability Insurance (EPLI) Coverage

Chugh LLP

EPLI does not cover punitive damages or claims for criminal acts. By: Minh Luong and Ashna Gorajia.

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.

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).

Milkcrate Athletics Says adidas is Infringing its Trademarks Again, Following 2019 Settlement

The Fashion Law

The plaintiff is also seeking compensatory, treble, and punitive damages and attorneys’ fees.

Mexico Sues U.S. Gun Firms for ‘Abetting’ Cartel Violence

The Crime Report

Mexico also seeks punitive damages and disgorgement of the gun-makers’ profits. The Mexican government has filed a federal complaint in Massachusetts against Interstate Arms Corp. and more than a half dozen other U.S.

Tort Salad: Defamation, Conversion, Trespass to Chattels, False Light Invasion of Privacy, Trespass, NIED, IIED and Negligence

Day on Torts

Bishop, then, needed to allege that “the damage to the dog [was] so material as to change the identity of the dog or its essential character,” as “anything less may be a trespass to the chattel…,but it is not a conversion.” The Court also analyzed defendants’ claim for punitive damages.

Tort 52