Day on Torts

MAY 24, 2022

Plaintiff’s complaint sought compensatory damages for defamation, false light invasion of privacy, and intentional infliction of emotional distress. It also sought punitive damages, injunctive relief, and a declaratory judgment that defendants had violated certain statutes. internal citation omitted).

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JonathanTurley

DECEMBER 7, 2023

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 punitive damages in action for libel. Code § 6-5-186, which The Times declined.

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At the Lectern

SEPTEMBER 23, 2021

The opinion reversed an award, including $2,500,000 in punitive damages, against an insurance company regarding the sale of the company’s annuity, because, the appellate court concluded, the person who sold the annuity was not the company’s agent. County of San Mateo (2006) 139 Cal.App.4th

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JonathanTurley

OCTOBER 23, 2021

This incident could well prove a violation of a statute or regulation making the act “negligent per se.” They could also seek punitive damages in such a case. Compensatory damages cover both economic and non-economic damages. This case would seem a compelling application of punitive damages.

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SquirePattonBoggs

MAY 14, 2021

Under FACTA, any person who willfully violates this provision is liable for actual damages or statutory damages ranging from $100 to $1000, plus punitive damages and attorney’s fees. On behalf of herself and other similarly situated customers, she brought suit for violation of 15 U.S.C. See 15 U.S.C. 1681n(a)(1)(A).

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SquirePattonBoggs

FEBRUARY 25, 2021

2018), which held that Tennessee’s statutory cap on punitive damages violates the state constitution. Not long after that decision, the Tennessee Supreme Court took the unusual step of calling out Lindenberg as “unpersuasive” even though the statute was not at issue in that case. Jackson Nat’l Life Ins. 3d 348 (6th Cir.

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At the Lectern

DECEMBER 2, 2021

Superior Court , where review was granted in September to decide if Government Code section 818 , which bars punitive damages against government defendants, precludes recovery under Code of Civil Procedure section 340.1 , subdivision (b), which permits an award of up to treble damages after a child is sexually abused as a result of a cover up.

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At the Lectern

SEPTEMBER 2, 2021

concerning California’s whistleblower statute. Superior Court , where the Second District, Division Three, held in a published opinion that public entities are not subject to treble damages under Code of Civil Procedure section 340.1 (b)(1), The court agreed to hear People ex rel. Garcia-Brower v. Kolla’s Inc.

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JayS.Rothman&Associates

MAY 1, 2022

as well as general damages for any mental anguish, emotional distress, or other pain and suffering. In addition, punitive damages are available if the additional elements of Cal. Remedies for sexual harassment can include compensation for any economic harm (e.g., lost income, medical expenses, therapy expenses, etc.),

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Punitive Damages Education Attorney Statute 52

JonathanTurley

DECEMBER 6, 2023

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 punitive damages entirely in some states. Other states effectively make such a letter a required step.

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Foley Hoag LLP

MARCH 11, 2022

The bill empowers the Secretary to impose up to $100 million in civil damages and $500 million in punitive damages for companies in violation of the legislation. The post New U.S Legislation Would Require Forced Labor Audits first appeared on Global Business and Human Rights.

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Diligence Punitive Damages Manufacturing Statute 40

The Crime Report

DECEMBER 16, 2022

Barriers were generated on a case-by-case basis in judicial opinions —each more dubious than its predecessor—then normalized in practice and (sometimes) embodied in statutes and rules. . Victims who want to seek further, punitive damages for intentional or outrageous conduct are still free to do that later.

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Punitive Damages Construction Government Lawyer 116

FDA Law Blog

APRIL 23, 2021

It did that by focusing on the text of the statute. Indeed, the first (and very succinct) point in the Court’s analysis of the statute is that “the language [of §13(b)] refers only to injunctions.” Id. Supreme Court in 1999 that the agency lacked the authority to obtain compensatory relief or punitive damages.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

The jury returned a verdict for the plaintiffs and awarded each class member statutory damages and punitive damages. According to the majority, only plaintiffs concretely harmed by a defendant’s statutory violation have Article III standing to seek damages against that private defendant in federal court. Robins, 578 U.S.

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ClimateChange-ClimateLaw

DECEMBER 2, 2022

In addition to more intense storms, the municipalities allege other physical climate change impacts, including coral reef degradation and massive algal blooms, as well as social, educational, and economic losses, including increased immigration from the municipalities and damages to the agricultural industry.

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JURIST

MARCH 10, 2023

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. Silva is demanding nominal, compensatory and punitive damages amounting to $1 million.

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At the Lectern

JUNE 1, 2023

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.” ’ ” The court affirms the Second District, Division Three, Court of Appeal’s published opinion. .”

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JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” compensatory damages and $300,000.00 punitive damages. 47 U.S.C. §

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Conflict of Laws

NOVEMBER 23, 2021

The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No. , DePaul Law Review 52 (2002), pp 319-349. Silberman, Linda. 21-19 (available here ). Solomon, Dennis. 88-92 (available here ). Spitz Spilberg, Lidia.

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Conflict of Laws

JANUARY 11, 2022

The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No. , DePaul Law Review 52 (2002), pp 319-349. Silberman, Linda. 21-19 (available here ). Skvortsova, Tatyana Aleksandrovna; Denyak, Victoria Yurievna. “On

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No. , DePaul Law Review 52 (2002), pp 319-349. Silberman, Linda. 21-19 (available here ). Solomon, Dennis. 88-92 (available here ). Spitz, Lidia.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No. , DePaul Law Review 52 (2002), pp 319-349. Silberman, Linda. 21-19 (available here ). Skvortsova, Tatyana Aleksandrovna; Denyak, Victoria Yurievna. “On

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No. , DePaul Law Review 52 (2002), pp 319-349. Silberman, Linda. 21-19 (available here ). Skvortsova, Tatyana Aleksandrovna; Denyak, Victoria Yurievna. “On

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

AUGUST 31, 2022

The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No. , DePaul Law Review 52 (2002), pp 319-349. Silberman, Linda. 21-19 (available here ). Skvortsova, Tatyana Aleksandrovna; Denyak, Victoria Yurievna. “On

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No. , DePaul Law Review 52 (2002), pp 319-349. Silberman, Linda. 21-19 (available here ). Skvortsova, Tatyana Aleksandrovna; Denyak, Victoria Yurievna. “On

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 28, 2022

The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No. , DePaul Law Review 52 (2002), pp 319-349. Silberman, Linda. 21-19 (available here ). Skvortsova, Tatyana Aleksandrovna; Denyak, Victoria Yurievna. “On

Drafting 40

Drafting Laws Litigation Litigating 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. The plaintiffs asserted a violation of the Religious Freedom Restoration Act and requested that the court award them compensatory and punitive damages.

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Conflict of Laws

AUGUST 30, 2023

, DePaul Law Review 52 (2002), pp 319-349 Silberman, Linda “The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

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Drafting Laws Litigation Litigating 98

Conflict of Laws

APRIL 4, 2023

, DePaul Law Review 52 (2002), pp 319-349 Silberman, Linda “The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

, DePaul Law Review 52 (2002), pp 319-349 Silberman, Linda “The 2019 Judgments Convention: The Need for Comprehensive Federal Implementing Legislation and a Look Back at the ALI Proposed Federal Statute”, NYU School of Law, Public Law Research Paper No.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw.

Cause of Action 96

Cause of Action Court Government Litigation 96

JonathanTurley

FEBRUARY 3, 2022

It also seeks nominal, compensatory, consequential, and punitive damages; and attorneys’ fees and costs. Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech.

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ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. First, the Supreme Court concluded that the statute requiring Commission approval of affiliated-interest agreement did not require environmental review. Maui and Honolulu oppose the extension request. County of Maui v.

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SCOTUSBlog

OCTOBER 5, 2021

involving whether punitive damages that are twice compensatory damages, and fall within a state’s statutory punitive damages cap, are constitutionally excessive. Three cases involving lawsuits over allegations that police officers used excessive force. Epic Systems Corp v. Tata Consultancy Services Ltd.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. Jacobson demanded damages from Clack and NAS “to be determined at trial believed to be in excess of Ten Million Dollars,” plus punitive damages and attorney fees.

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JonathanTurley

MARCH 31, 2021

The officers seek $75,000 in damages in their complaint but also ask for unspecified punitive damages. The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. COUNT FOUR (Violation of a Public Safety Statute: D.C.

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