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US Supreme Court declines North Carolina appeal in undercover investigations case

JURIST

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. In February, the United States Court of Appeals for the Fourth Circuit ruled the statute was an unconstitutional limitation of First Amendment rights.

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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

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 compensatory damages, that award was affirmed. On appeal, the verdict for compensatory damages was affirmed, but the punitive award was vacated and remanded for further proceedings.

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Attorney’s fees allowed as compensatory damages in inducement of breach of contract case.

Day on Torts

Moreover, the trial court’s ruling that plaintiff could recover attorney’s fees as compensatory damages under the independent tort theory was also affirmed. After entering an injunction, the trial court granted plaintiff’s motion for summary judgment against both defendants, and the Court of Appeals affirmed.

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Chancery court lacked subject matter jurisdiction over defamation tort claims.

Day on Torts

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.

Tort 59
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Linda Evangelista Files Products Liability, Fraud Suit Over Cosmetic Procedure That Destroyed Her Quality of Life

The Fashion Law

In addition to compensatory damages in the amount of $50 million, Evangelista claims that she is also entitled to “punitive and/or exemplary damages for the wanton, willful, fraudulent, reckless acts of ZELTIQ which demonstrated a complete disregard and reckless indifference for the safety and welfare of the general public and to Ms.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

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. punitive damages.

Tort 40
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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. Rademacher then analysed whether punitive elements could be found in German tort law. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g.