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

Conflict of Laws

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 punitive damages at the University of Augsburg, Germany. Rademacher then analysed whether punitive elements could be found in German tort law.

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New York Times Loses Effort to Block Kai Spears Defamation Action

JonathanTurley

The New York Times lost a critical effort to block the defamation lawsuit brought by University of Alabama basketball player Kai Spears. We have previously discussed retraction statutes that can limit damages or actions. ” The New York Times issued a correction, but not a retraction. In New York Times v.

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Depp-Heard Verdict Contains Relatively Rare Defamation-by-Counsel Liability

JonathanTurley

The massive verdict in favor of actor Johnny Depp yesterday constitutes a rare victory of a public figure under the difficult New York Times v. Even with the reduction of the $5 million in punitive damages to $350,000 under the statutory state cap for punitive damages, Depp was technically awarded $10,350,000.

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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.

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Deadspin Defamation: Parents of Holden Armenta Move Toward Libel Action Over Blackface Allegation

JonathanTurley

If a full and effective retraction is issued (and published as prominently as the offending statement), it can limit damages or bar punitive damages entirely in some states. The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. In New York Times v.

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Notre Dame Professor Sues Student Newspaper Over Her Pro-Abortion Advocacy

JonathanTurley

” She is also seeking punitive damages. Notably, New York magazine did a full report on the controversy in an article in The Cut titled “The Holy War Against One Pro-Abortion-Rights Professor: Tamara Kay has endured a vicious harassment campaign that she says Notre Dame won’t help curb.”

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The “Royal We” Provision: Newly Released Settlement Favors Prince Andrew as One of Epstein’s “Other Defendants”

JonathanTurley

We previously discussed an interesting challenge by Prince Andrew to the applicability of the the age-of-consent in New York to the case. However, such settlements often extend beyond the state of execution and this agreement expressly refers to any actions that Guiffre could bring in “state or federal” courts.