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Neither federal law nor Iowa law required vacating $200,000 punitivedamages award simply because the jury awarded zero in compensatorydamages: You can access yesterday’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
The US Court of Appeals for the Ninth Circuit upheld a $25 million judgment and jury verdict Friday finding that a California man, Edwin Hardeman, developed cancer from exposure to agribusiness Monsanto’s weed-killer, Bayer’s Roundup. Monsanto also asserted that decades of studies indicate Roundup is safe for human use.
Orrick of the US District Court of Northern California Wednesday reduced damages Tesla owed in a workplace racial harassment suit from $137 million to $15 million. Ruling that Tesla failed to take “all reasonable steps necessary” to prevent such harassment, the jury awarded Diaz $130 million in punitivedamages, $4.5
High Court Adopts Per-Defendant Calculation of Punitive-to-CompensatoryDamages Ratio”: Aleeza Furman of The Legal Intelligencer has this report on a ruling that the Supreme Court of Pennsylvania issued yesterday. ’s Constitutional PunitiveDamages Caselaw ” and “ More from Pa.
In an order list released Tuesday, the US Supreme Court declined to hear Johnson & Johnson’s appeal seeking to undo a $2 billion judgment over claims that their talc-based baby powder contained cancer-causing asbestos. billion in punitivedamages, claiming the 11:1 ratio of punitivedamages to compensatorydamages was excessive.
A California appeals court on Monday upheld an $86 million verdict against The Monsanto Company, a subsidiary of German pharmaceutical and life sciences company, Bayer AG. However, Bayer is likely to face additional legal actions related to Roundup, as courts and individuals contend with existing health concerns surrounding the product.
A federal judge Wednesday ordered former Pennsylvania judges Mark Ciavarella and Michael Conahan to pay more than $200 million in damages to victims in the 2010 “kids for cash” juvenile detention scandal.
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. million in punitivedamages. to pay USD 77.5
A jury for the US District Court for the District of Colorado Friday found that the Denver police used excessive force against protestors during the 2020 George Floyd protests and awarded a $14 million verdict to 12 protestors. This decision comes from a three-week trial that began on March 7.
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.
A jury for the US District Court for the Northern District of California awarded Comet Technologies $40 million in damages on Wednesday, finding that a rival company had misappropriated trade secrets on equipment used in the manufacturing of semiconductor chips. Comet had sought compensatorydamages of $32.5
Share This week we highlight petitions that ask the Supreme Court to consider, among other things, whether an award of punitivedamages that doubles the compensatorydamages can comport with due process and how a defendant can prove ineffective assistance of counsel in rejecting a plea offer. On appeal, the U.S.
by Salih Okur (University of Augsburg) On 8 and 9 March, scholars from more than a dozen different jurisdictions followed the invitation of Tobias Lutzi to discuss recent trends in punitivedamages at the University of Augsburg, Germany. The conference contained five panels overall, which were split into three blocks.
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 compensatorydamages, that award was affirmed. On appeal, the verdict for compensatorydamages was affirmed, but the punitive award was vacated and remanded for further proceedings.
Assume that you successfully obtained a favourable judgment from a foreign court that orders the losing party to pay punitivedamages in addition to compensatorydamages. Could the judgment be enforced in Japan where punitivedamages are considered as contrary to public policy?
Mark Ciavarella and Michael Conahan, two former Pennsylvania judges accused in 2009 of sending hundreds of teenagers to privately run youth detention centers in exchange for millions in kickbacks, and sentenced to decades in prison as a result, have been ordered to pay more than $206 million in damages, reports the Wall Street Journal.
Notably, the jury awarded punitivedamages against the university, a relative rarity for juries but well deserved in this case. In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. 2013), the Supreme Court in Pickering , 391 U.S. Pretty low odds.
million in compensatorydamages and $13.5 million in punitivedamages. In April 2021 Judge William Orrick reduced the award to $15 million. Orrick said that the original award was “grossly excessive” and unconstitutional. He revised the award to be $1.5
Worse yet, the court appears to have questioned the veracity of the host in a sworn deposition on his lack of knowledge over the financial subject matter of the deposition. CNN recently lost a recent major ruling when the court found that there was evidence of malice by CNN to support the higher standard needed for defamation.
Wasserstein — The New Jersey Supreme Court, in its August 25, 2022 opinion in Mirian Rivera v. 25, 2022), [link] , considered whether a provider’s use of a medical device that is the subject of an FDA safety communication constitutes per se evidence of wanton disregard, which would warrant punitivedamages. Valley Hospital, Inc.
Of these, 26 were successful cases where the Chinese courts decided to recognize and enforce foreign judgments while 3 were partially successful cases (the Chinese courts recognized compensatorydamages but rejected punitivedamages); the recognition and enforcement of foreign judgments were rejected in the remaining 34 cases.
Plaintiff’s initial complaint was filed in May 2009 and sought $1 million in compensatorydamages and $1 million in punitivedamages. 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.
Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v. Code Ann. §
Ultimately, Parker hopes to recover compensatorydamages, restitution, punitivedamages, legal fees, and costs, together with a judicial declaration as to the parties’ rights and responsibilities. ” ( Complaint , paragraph 1.) ” ( Complaint , paragraph 101.)
Armijo is seeking general and compensatorydamages against the defendants “in an amount to be determined at trial in, but in no event less than $6 million,” as well as “exemplary and punitivedamages against all the defendants … in an amount to be determined at trial.”.
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.
Example: The court addressed three issues: 1) jurisdiction, 2) standing, and 3) evidentiary standards. Example: The law specifies 4 damages categories: (1) punitivedamages, (2) compensatorydamages, (3) nominal damages, and (4) statutory damages. instead of $130075.
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 punitivedamages in such a case.
Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. punitivedamages.
The Beathard lawsuit could force these issues into open court as the judge and jury address the rivaling claims. He is seeking declaratory and injunctive relief; nominal damages; compensatorydamages; reinstatement with backpay; punitivedamages; and attorney fees, expenses, and costs pursuant to 42 USC § 1988.
The Senate’s amendment added that in a civil action based on violating the bill, “[The] plaintiff may recover from the person: (A) Compensatorydamages; (B) Punitivedamages; and (C) Reasonable attorney’s fees, court costs, and expenses.”
The AG places particular emphasis on the severe deterring effect these sums of damages may have – not only on the defendant newspaper and journalist in the case at hand but other media outlets in general (AG Opinion, paras. 45(2) Brussels I Regulation, i.e., prevents the enforcing court from reviewing the decision as to its substance.
Share The Supreme Court issued orders on Tuesday morning from the justices’ private conference last week. The list of orders was largely uneventful, as the court did not add any new cases to its merits docket for the term. Epic went to the Supreme Court in April, asking the justices to weigh in. Tata Consultancy Services Ltd. ,
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. As we noted last week , the Supreme Court relisted 18 new cases from its “long conference” that marked its return to business after the summer recess. A short explanation of relists is available here.
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. wanted Liberty to pay severance and retirement benefits to him if Granda revealed the Granda Allegations, and Falwell Jr. Falwell Jr.
A defense lawyer for former US President Donald Trump filed a letter in US District Court on Monday that argued a judge in a recent defamation lawsuit should have recused himself from the case. Roberta Kaplan responded with her own letter filed with the court. million in compensatorydamages and $65 million in punitivedamages.
The plaintiffs demand a jury trial and seek compensatory and punitivedamages, including attorneys’ fees and costs, for physical and emotional injuries caused by the defendants.
Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.
The lawsuit was filed in the US District Court for the District of Columbia, where Mike Lindell and MyPillow advertised and promoted the Stop the Steal march on January 6. billion in damages in the lawsuit against Lindell, including about $650 million in punitivedamages and $650 million in compensatorydamages.
Two Georgia election workers filed a complaint Thursday in the US District Court for the District of Columbia against Rudy Giuliani and One America News Network (“OAN”) for promoting claims that they engaged in election fraud during the vote-counting process in the state of Georgia during the 2020 presidential election.
million in compensatory and $65 million in punitivedamages—but Judge Lewis Kaplan found his motion “without merit.” Trump had argued that the compensatorydamages were excessive and the punitivedamages unconstitutional. million in compensatorydamages. Jean Carroll.
That eagerness could prove the court’s undoing, however. However, James wants dissolution and crippling damages, and that could trigger a higher-court review. Supreme Court decided a case, BMW of North America v. Gore , striking down a punitivedamage award. In 1996, the U.S.
Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.
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