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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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“Illegal Under Taliban Law”: CNN Seeks Summary Judgment Under a Curious Claim in Defamation Case

JonathanTurley

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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Oberlin Sues Insurance Companies for the Costs of its Abusive Litigation Against Family-Owned Grocery

JonathanTurley

The jury in June 2019 awarded the Gibsons $44 million in compensatory and punitive damages. However, Cornell Professor William Jacobson has speculated that the companies will continue to decline on the basis of the college engaging in intentional torts. A judge later reduced the award to $25 million.

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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. 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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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

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. 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

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