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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.
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.
Moreover, the trial court’s ruling that plaintiff could recover attorney’s fees as compensatorydamages 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.
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.
In addition to compensatorydamages 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.
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.
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.
In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. In that case, the Supreme Court ruled in favor of public high school teacher Marvin Pickering, who wrote a letter to the local newspaper criticizing a school board’s allocation of funding for athletic programs.
which the Supreme Court will hear on Tuesday, is about the types of remedies that plaintiffs may recover when they prove violations of certain federal anti-discrimination laws — in particular, whether such plaintiffs may recover damages for emotional distress. The district court dismissed Cummings’ case, and the U.S.
Because these claims were based in tort rather than wrongful death, the Court of Appeals ruled that they accrued to the decedent at the time of her fatal injuries and the settlement proceeds should have been distributed to her estate, not to her surviving spouse. On appeal, the trial court was reversed. Continue reading
The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage. Walgreen Hastings Co.,
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.
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.
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.
Circuit Court of Appeals ruled that the U.S. The court therefore vacated and remanded the ACE Rule—which repealed the 2015 Clean Power Plan rule and in its place adopted a replacement rule that relied only on heat-rate improvements at individual plants. On January 19, 2021, the D.C. Third, the D.C. American Lung Association v.
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