This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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.
Share This week we highlight petitions that ask the Supreme Court to consider, among other things, whether an award of punitivedamages 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.
Share The Supreme Court on Wednesday ruled that a Turkish bank can be prosecuted in U.S. courts for its role in a conspiracy to evade U.S. But the court left the door open for the bank to press a different immunity argument in the lower courts. sanctions on Iran. sanctions on Iran. citizens and threatening U.S.
On the heels of the high fashion retailer and the magazine publisher pushing back against the models’ claims in respective motions to dismiss, and a New York federal court stripping down the case, Condé Nast is trying to get the rest of the case – including the plaintiffs’ right of publicity and unjust enrichment claims – tossed out. .
Statute Citations: For official citations, follow the convention mandated by the specific citation guide you are using (e.g., Often, numerals are used for section numbers, statutes, and other numerical identifiers. 2113 (a) for the statute on bank robbery. Example: The court awarded damages in the total amount of $1,300.75.
The jury found defendant liable for intentional misrepresentation and awarded plaintiff $243,000 in compensatory damages, which was the purchase price of the home, and $250,000 in punitivedamages. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.
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.
Actions of note at yesterday’s Supreme Court conference included: Using an unusual procedure, Supreme Court further extends redistricting deadlines. The court dismissed review “as improvidently granted” (see here ) in Molina v. Superior Court and five related grant-and-holds. Rodriguez (2012) 55 Cal.4th
Plaintiff’s initial complaint was filed in May 2009 and sought $1 million in compensatory damages 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. In Turner v.
And even though the circuit grants less than 20% of such motions, the questions still have to be accepted by the state supreme court. 2018), which held that Tennessee’s statutory cap on punitivedamages violates the state constitution. But the certification process is often a rough road. Jackson Nat’l Life Ins. 3d 348 (6th Cir.
By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.
This incident could well prove a violation of a statute or regulation making the act “negligent per se.” 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. Legg, 441 P.2d
We have previously discussed retraction statutes that can limit damages or actions. Here is Alabama’s Section 6-5- 186 “Prerequisites to recovery of vindictive or punitivedamages in action for libel. Code § 6-5-186, which The Times declined. The standard was later extended to public figures.
Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. concerning California’s whistleblower statute. ” The court also granted review in Los Angeles Unified School District v. .”
On Tuesday, the Sixth Circuit became the latest court to address what happens when a merchant fails to truncate a credit card number as directed by Congress. Under FACTA, any person who willfully violates this provision is liable for actual damages or statutory damages ranging from $100 to $1000, plus punitivedamages and attorney’s fees.
At the Supreme Court’s conference yesterday, with only six justices participating because of Justice Mariano-Florentino Cuéllar’s retirement a month ago, there were no straight grants of review, but there were some actions of note, including: The court granted-and-held in X.M. Superior Court. In X.M. , and In re N.N.
The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. It did that by focusing on the text of the statute. By Karin F.R.
On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses since that time. . By Korey Silverman-Roati and Maria Antonia Tigre.
There are 33 states with retraction statutes. If a full and effective retraction is issued (and published as prominently as the offending statement), it can limit damages or bar punitivedamages entirely in some states. In 1967, the Supreme Court handed down Time, Inc. He can claim that this was merely an opinion.
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. 47 U.S.C. § 230(e)(3).
Superior Court , the Supreme Court today broadens the protections given by a statute that exempts public entities from “damages imposed primarily for the sake of example and by way of punishing the defendant.”
Marcus Silva’s petition states that under Texas’ murder and wrongful-death statutes, a self-managed abortion is the crime of murder, and the three women can be sued for wrongful death. Therefore, the court does not have any license to put aside Texas’ abortion laws.
Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.
The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. Blom, Joost.
The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. Blom, Joost.
Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. 187-214.
Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. 187-214.
The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. Blom, Joost.
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography. Blom, Joost.
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography. Blom, Joost.
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography. Blom, Joost.
167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc. 187-214 Coco, Sarah E. “On
167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc. 187-214 Coco, Sarah E. “On
167-189 (available here ) Chen, Wendy “Indirect Jurisdiction over the Recognition and Enforcement of Judgments of Foreign Courts in Compulsory Counterclaims”, Journal of Xingtai University 2019-04, pp. 1 of December 2018 (available here ) Nygh, Peter; Pocar, Fausto “Report of the Special Commission”, HCCH Prel.-Doc. 187-214 Coco, Sarah E.
Young has been doing well in court and last week he won on additional major issues against CNN. In a pair of orders, the jury will be allowed to award punitivedamages and his experts would be allowed to be heard by the jury on the merits of the case. The punitivedamages decision is particularly interesting legally.
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 lecture culminated in a lively discussion regarding the ground of refusal for judgments on exemplary or punitivedamages (Art. Under the former instrument, at least two levels of scrutiny have emerged: A “maximalist” theory, according to which the court assesses the matter de novo (e.g. 7 (1) lit.
Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.
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.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. But I’ll be even more summary than usual today because of the press of business We finally may have gotten an explanation why the court rescheduled Dignity Health, Inc. In addition, the court relisted: Boardman v.
It seeks an order from the court to “permanently enjoin” the defendants from violating said laws again despite the fact that they are now private citizens. It also seeks nominal, compensatory, consequential, and punitivedamages; and attorneys’ fees and costs. Rather, he wants a court to allow him to sue Trump Jr.
Supreme Court seeking review of the D.C. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. FEATURED CASE. States and Coal Company Sought Review of D.C.
In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. The officers seek $75,000 in damages in their complaint but also ask for unspecified punitivedamages. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content