JonathanTurley

AUGUST 16, 2024

The damages in the case could be massive but Young had to satisfy the higher New York Times v. 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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SCOTUSBlog

APRIL 20, 2023

Federal prosecutors in New York indicted the bank in 2019 on charges that it had participated in a multi-year scheme to launder billions of dollars stemming from the sales of Iranian oil and natural gas, in violation of U.S. But the court left the door open for the bank to press a different immunity argument in the lower courts.

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Court Rules Laws Court Punitive Damages 104

NewmanFerraraLLP

JANUARY 8, 2023

Case Grounded on Fraud and Misrepresentation In mid-November, Kristie Brownell filed a proposed class action in a New York federal court against Starbucks Coffee Co. , the world’s largest coffeehouse chain. Will Starbucks wake up and smell the coffee?

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NewmanFerraraLLP

JANUARY 19, 2023

This Doesn't Sound Very Soothing On December 7, 2022, throat-drop manufacturer Ricola USA was sued in federal court (Southern District of New York, White Plains Courthouse), because one of its products, labelled “Green Tea With Echinacea,” is alleged to have been deceptively marketed.

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Punitive Damages Manufacturing Litigation Litigating 52

JonathanTurley

SEPTEMBER 2, 2024

This follows similar recent victories by others against CNN and the New York Times to clear paths to trials. For those who have embraced advocacy journalism as the new model for media, a bill is coming due in the form of defamation and disparagement lawsuits. In 2017, liberal activist and Bernie Sanders (I-Vt.) matters.

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Punitive Damages Entertainment Lawyer Lawyers 83

The Fashion Law

MAY 12, 2021

Coscarelli sets the stage in the newly-filed 30-page complaint, asserting that “after winning Food Network’s Cupcake Wars and becoming a best-selling cookbook author, [she] founded ‘by Chloe’ – a first-of-its-kind fast-casual vegan restaurant chain” with New York-based ESquared Hospitality after pitching the concept to its CEO James Haber in 2014.

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The Crime Report

JULY 12, 2021

A casual reader might see Emily Bazelon’s recent lengthy New York Times Magazine piece “ I Write About the Law. Whether further punitive damages can be sought by the plaintiff or whether the public can demand contributions from individual rule violators can be treated as separate questions.).

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JonathanTurley

JUNE 2, 2022

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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Punitive Damages Tort Lawyers Lawyer 49

JonathanTurley

AUGUST 6, 2024

The damages in the case could be massive but Young had to satisfy the higher New York Times v. 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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Punitive Damages Laws Tort 48

JonathanTurley

AUGUST 8, 2023

The jury in June 2019 awarded the Gibsons $44 million in compensatory and punitive damages. A judge later reduced the award to $25 million. But the college continued to drag out the appeal in what seemed like a revenge litigation against a store that refused to give up simply because it was innocent.

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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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JonathanTurley

DECEMBER 6, 2023

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. In New York Times v. States differ on the impact of retractions, which must be made within a set period of days or weeks.

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Broadcast Law Blog

OCTOBER 25, 2016

million in damages (which was reduced to $678,302 on appeal) and $16.8 million in punitive damages (which was reduced to approximately $4.1 The Potential Consequences of Skipping A Trademark Search : In the cases discussed above, the defendant had to pay significant damages to the plaintiff. million on appeal).

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JonathanTurley

MAY 8, 2023

The jury in June 2019 awarded the Gibsons $44 million in compensatory and punitive damages. Most recently, at the State University of New York at Albany, sociology professor Renee Overdyke unplugged a pro-life display and then allegedly resisted arrest. A judge later reduced the award to $25 million. She was not fired.

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InHouseOps

JUNE 13, 2022

The international rules preclude an award of punitive damages unless the parties agree otherwise. In other words, when you draft an arbitration clause that specifies the international rules, you will not be getting punitive damages unless you actually opt into them. So it has to be in a New York Convention country.

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The Fashion Law

JUNE 29, 2021

In a lawsuit filed in Oregon federal court, adidas accused New York-based Marc Jacobs’ since-shuttered little sister line, Marc by Marc Jacobs, of infringing its famed three stripe trademark on garments from its Fall/Winter 2014 collection. In January 2016, adidas filed to voluntarily dismiss the lawsuit. 2015: adidas v. Marc Jacobs.

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JonathanTurley

SEPTEMBER 9, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. compensatory damages and $300,000.00 punitive damages. American courts have long recognized that broad defamation rule are inimical to free speech.

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Tort Court Compensatory Damages Entertainment 41

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. After a jury trial in the U.S.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

EPA asked the federal district court for the District of Columbia to dismiss as moot a lawsuit brought in 2018 by New York, other states, Chicago, and Washington, D.C. EPA’s rescission of the methane standards for new sources has been challenged in the D.C. New York v. New York v. Brouillette , No.

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Court Government Litigating Litigation 59

JonathanTurley

DECEMBER 7, 2023

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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JURIST

APRIL 7, 2021

A class action lawsuit was filed Monday in the Western District of New York accusing the Rochester Police Department (RPD) of racist practices and a “pattern … of using excessive force.” ” LoFaso’s findings state that 78.3

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The Crime Report

NOVEMBER 24, 2021

in 2017 liable under state law for injuries to counterprotesters, awarding more than $25 million in damage, reports the New York Times. The largest sums were awarded for punitive damages, with 12 individuals ordered to pay $500,000 apiece while five white nationalist organizations were assessed $1 million each.

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Punitive Damages Lawyers Lawyer Laws 75

Conflict of Laws

NOVEMBER 23, 2021

“The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S. Litigants”, New York University Law Review 94 (2019), pp 1210-1243. Coco, Sarah E. Cong, Junqi. 2020.001343 ). “A

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Conflict of Laws

APRIL 20, 2022

Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ). The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S.

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Drafting Laws Litigation Litigating 52

JonathanTurley

JULY 12, 2023

” 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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Punitive Damages Healthcare Lawyer Lawyers 44

Conflict of Laws

JANUARY 11, 2022

“The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S. Litigants”, New York University Law Review 94 (2019), pp 1210-1243. Coco, Sarah E. Cong, Junqi. 2020.001343 ). “A

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Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

“The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S. Litigants”, New York University Law Review 94 (2019), pp 1210-1243. Coco, Sarah E. Cong, Junqi. 2020.001343 ). “A

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Drafting Laws Litigating Litigation 52

Conflict of Laws

FEBRUARY 16, 2022

“The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S. Litigants”, New York University Law Review 94 (2019), pp 1210-1243. Coco, Sarah E. Cong, Junqi. 2020.001343 ). “A

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

AUGUST 31, 2022

Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ). The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ). The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 28, 2022

Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ). The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S.

Drafting 40

Drafting Laws Litigation Litigating 40

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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Conflict of Laws

AUGUST 30, 2023

847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp. 187-214 Coco, Sarah E. 8 (2021), pp.

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Drafting Laws Litigation Litigating 98

Conflict of Laws

APRIL 4, 2023

847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp. 187-214 Coco, Sarah E. 8 (2021), pp.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp. 187-214 Coco, Sarah E. 8 (2021), pp.

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Drafting Laws Litigation Litigating 40

ClimateChange-ClimateLaw

OCTOBER 20, 2020

The State seeks compensatory damages, penalties for violation of the Consumer Fraud Act, attorneys’ fees, punitive damages, and costs of suit. The City sought compensatory damages, treble damages under the Unfair Trade Practices Act, equitable relief, attorneys’ fees, punitive damages, disgorgement of profits, and costs of suit.

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Court Government Compensatory Damages Litigating 72

JonathanTurley

DECEMBER 9, 2024

In a pair of orders, the jury will be allowed to award punitive damages and his experts would be allowed to be heard by the jury on the merits of the case. The punitive damages decision is particularly interesting legally. The court found that CNNs retraction was insufficient to remove punitive damages from the table.

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