Day on Torts

DECEMBER 5, 2022

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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Conflict of Laws

JUNE 3, 2021

Written by Béligh Elbalti (Associate Professor, Graduate School of Law and Politics – Osaka University). 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. Introduction.

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JonathanTurley

NOVEMBER 18, 2022

Notably, the jury awarded punitive damages against the university, a relative rarity for juries but well deserved in this case. There seemed little balance struck in this case and the jury responded by hitting Auburn with punitive damages. It awarded $145,000 in compensatory damages and $500,000 in punitive damages.

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JonathanTurley

AUGUST 16, 2024

We previously discussed the defamation lawsuit against CNN and the curious effort to use Taliban law to dismiss the lawsuit by Navy veteran Zachary Young. Judge Roberts found that “Young sufficiently proffered evidence of actual malice, express malice, and a level of conduct outrageous enough to open the door for him to seek punitive damages.”

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Conflict of Laws

OCTOBER 1, 2024

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 compensatory damages but rejected punitive damages); the recognition and enforcement of foreign judgments were rejected in the remaining 34 cases.

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The Fashion Law

MARCH 2, 2022

Rather than try to protect NFT consumers,” Armijo alleges that the defendants have “decided to profit from their misfortune” and have run afoul of the law in doing so. The post OpenSea, LooksRare, BAYC Yuga Labs Named in $6 Million Negligence Lawsuit appeared first on The Fashion Law. The case is Robert Armijo v.

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NewmanFerraraLLP

JANUARY 24, 2023

Ultimately, Parker hopes to recover compensatory damages, restitution, punitive damages, legal fees, and costs, together with a judicial declaration as to the parties’ rights and responsibilities. ” ( Complaint , paragraph 1.) ” ( Complaint , paragraph 101.)

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Conflict of Laws

AUGUST 24, 2022

Another interesting example would be a series of cases where a Chinese court in Guangzhou recognized and enforced compensatory damages awarded in three U.S. EB-5 Visa fraud judgments, but rejected the punitive damages awarded therein, echoing the same rule laid down in the 2021 Conference Summary.

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Conflict of Laws

FEBRUARY 12, 2024

Since the Spanish court had ordered the defendants to pay a sum for damages it deemed to be compensatory in nature, in light of Art. 45(2) Brussels I Regulation, the enforcing court could not come to the opposing view that the damages were in fact punitive. Recital 32 of the Rome II Regulation). 11 CFR (AG Opinion, para.

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Legal Writing Launch

SEPTEMBER 16, 2024

Example: The law specifies 4 damages categories: (1) punitive damages, (2) compensatory damages, (3) nominal damages, and (4) statutory damages. Volume and Page Numbers in Case Law: Always use numerals when referring to the volume and page numbers of case law. Example: Smith v.

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JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. compensatory damages and $300,000.00 punitive damages. For Civil Rights Under Law, Inc. The jury hung in the first trial of this case, which necessitated a second trial.

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JURIST

DECEMBER 6, 2021

.” The suit was filed by Chicago-based Edelson PC and seeks to apply Myanmar law to the plaintiffs’ claim in an attempt to circumvent § 230 of the Communications Decency Act —a US law that protects tech companies from content posted by users. ” Plaintiffs demand a jury trial.

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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. On appeal, the U.S.

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JURIST

APRIL 26, 2024

The Senate’s amendment added that in a civil action based on violating the bill, “[The] plaintiff may recover from the person: (A) Compensatory damages; (B) Punitive damages; and (C) Reasonable attorney’s fees, court costs, and expenses.”

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JonathanTurley

OCTOBER 23, 2021

(b) Involuntary—in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. They could also seek punitive damages in such a case. That includes pain and suffering and loss of enjoyment of life.

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SCOTUSBlog

OCTOBER 12, 2021

in which Epic has asked the justices to weigh in on whether a state law that places a cap on punitive damages can provide the kind of fair notice that the Supreme Court has said the Constitution’s due process clause requires, so that a punitive damages award that complies with the law passes constitutional muster.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Conservation Law Foundation v. Delaware Lawsuit Sought Damages from Fossil Fuel Companies for Climate Change Injuries. Source: Khanrak ). and non-U.S.

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SCOTUSBlog

OCTOBER 14, 2021

Inslee , a challenge to a Washington state law that shields the personal information of in-home care providers from public disclosure but allows the state to provide that data to the union that represents the providers. On Monday, the court denied review to just one of those cases, Boardman v. Tata Consultancy Services Ltd.

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JURIST

APRIL 20, 2021

Liberty seeks $10,000,000 in compensatory damages, which may be tripled under Virginia law, as well as $350,000 in punitive damages for Falwell’s “willful and wanton” actions that “disregarded the rights of Liberty.” Falwell Jr.

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Above The Law

APRIL 10, 2025

Trump for compensatory damages, for punitive damages and for costs, in an pic.twitter.com/ENGc05WPZd — Brian Krassenstein (@krassenstein) October 21, 2024 Pretty cut-and-dried, if you ask me! Prior to joining the staff, he moonlighted as a minor Memelord in the Facebook group Law School Memes for Edgy T14s.

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JURIST

JANUARY 30, 2024

The unnamed source stated they worked as a partner at the same law firm and knew of the close relationship. ” The letter detailed the small time period in which the two worked at the same “large” law firm and the different roles they filled. million in compensatory damages and $65 million in punitive damages.

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JURIST

AUGUST 28, 2021

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. Last month, Paul Hodgkins of Florida became the first felon to be sentenced for his role in the US Capitol storming.

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JonathanTurley

FEBRUARY 19, 2024

Yet, the New York law used by James is a curiosity because it does not actually require a victim. Having campaigned on bagging Trump on any basis, James turned the law into a virtual license to hunt him down along with his family and his associates. The impact on New York business is likely to be dire. Jonathan Turley is the J.B.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Maine High Court Said State Law Would Not Preempt Local Ordinance Prohibiting Crude Oil Loading. Portland, Oregon. Source: Gary Halvorson, Oregon State Archives.

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JonathanTurley

DECEMBER 3, 2023

It is relatively rare for civil damages to trigger constitutional review, and it is still far from clear that this case will rise to that level. The New York law is unique in allowing massive penalties without the loss of a single dollar by a bank. Gore , striking down a punitive damage award. In 1996, the U.S.

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SCOTUSBlog

OCTOBER 5, 2021

Smith , which held that the free exercise clause does not prohibit the enforcement of generally applicable laws that incidentally burden religious conduct. involving whether punitive damages that are twice compensatory damages, and fall within a state’s statutory punitive damages cap, are constitutionally excessive.

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