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1
Supreme Court Holds That Punitive Damages May Not Be Awarded In Connection With Unseaworthiness Claims
On June 24, the Supreme Court held in Dutra Group v. Batterton that punitive damages may not be awarded under federal maritime law in connection with an unseaworthiness claim.
United States
8 Jul 2019
2
Federal District Court Reduces Punitive Damages To Amount Of Compensatory Damages—But That's Still Not Enough
Usually, when a defendant gets a punitive award reduced to the same amount as the compensatory damages, it considers that a victory.
United States
23 Nov 2018
3
Is 2:1 The New 1:1?
Over the years, we have reported on many cases in which courts adhered to the Supreme Court's guidance in State Farm (and Exxon Shipping Co. v. Baker) that, when compensatory damages...
United States
9 Aug 2018
4
New York Appellate Division Allows Punitive Award Based On Post-Injury Spoliation Of Evidence But Reduces Ratio To 1:1
Gomez thus can be cited alongside the many other decisions implementing this default limit.
United States
26 Jan 2018
5
The First Circuit Weighs Competing Studies About Relative Risk
When does an expert witness have an obligation to weigh competing studies and explain why she chose to rely on one study rather than another?
United States
23 Jun 2016
6
Gatekeeping On The Record: The Fifth Circuit Requires That Daubert Inquiries Be Explained On The Record
Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), district courts serve as gatekeepers for the admission of expert testimony.
United States
8 Jun 2016
7
US Courts Issue Helpful Decisions In Two Cases Involving Admissibility Of Expert Testimony On Specific Causation
A plaintiff claiming harm from exposure to a substance generally must prove both general and specific causation.
United States
1 Mar 2016
8
Fourth Circuit Upholds $1.75 Million Punitive Damages Award In Transvaginal Mesh Case
About a month ago, we reported on a Delaware trial court decision reducing a $75 million punitive award to $7.5 million in a transvaginal mesh case.
United States
19 Jan 2016
9
Supreme Court Docket Report - November 6, 2015
Religious Freedom Restoration Act—Challenge to Contraception Rule; Bankruptcy—The "Actual Fraud" Bar; Federal Tort Claims Act—Preclusive Effect of a Prior Judgment
United States
7 Nov 2015
10
Supreme Court Of Louisiana Strikes Down Punitive Damages Award On Res Judicata Grounds
The U.S. Postal Service advertises that "shipping isn’t complicated." Taking a page from the Postal Service’s book, the Supreme Court of Louisiana on Tuesday said much the same thing about res judicata.
United States
11 Dec 2014
11
Seventh Circuit Issues Important Decision On "Hindsight Bias" In Punitive Damages Cases
Many states restrict punitive damages to situations in which the defendant either intended to injure the plaintiff or disregarded a substantial risk of injury. 
United States
8 Oct 2014
12
Supreme Court Decision Alert - June 9, 2014
CERCLA—Preemption Of State Statutes Of Repose / Bankruptcy—Powers Of Bankruptcy Courts
United States
10 Jun 2014
13
Delaware Supreme Court Holds That Texas Law Does Not Recognize Preconception Torts
The Supreme Court of Delaware recently held that Texas law did not recognize preconception torts and that the Texas Workers Compensation Act barred a claim for a preconception tort brought by a child whose injuries were allegedly caused by his father’s workplace exposure to toxic chemicals.
United States
16 Jan 2013
14
Supreme Court Decision Alert - February 29, 2012
Today the Supreme Court issued one decision, described below, of interest to the business community.
United States
5 Mar 2012
15
Supreme Court Decision Alert - February 21, 2012
Section 2 of the Federal Arbitration Act ("FAA") states that written agreements to arbitrate "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 9 U.S.C. § 2.
United States
22 Feb 2012
16
Supreme Court Decision Alert - January 11, 2012
The Outer Continental Shelf Lands Act ("OCSLA") extends worker compensation benefits for "disability or death . . . resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf." 43 U.S.C. § 1333(b).
United States
12 Jan 2012
17
Wisconsin Court Rejects Medical Monitoring Claim Absent Proof of Physical Injury
Addressing an issue of first impression in the state that has divided courts in other jurisdictions, the Wisconsin Court of Appeals recently held that plaintiffs cannot recover medical monitoring expenses based on a claim that exposure to harmful chemicals increased their risk of future injury.
United States
22 Jun 2011
18
Fraud and Forbearance: State Courts Divided on Whether to Recognize Claims by Securities Holders
Two recent state appellate court cases demonstrate the division in the law regarding whether holders of securities can maintain a cause of action related to alleged fraud and negligent misrepresentation.
United States
25 Jun 2010
19
Eighth Circuit Rejects Innovator Liability Theory in "Mensing v. Wyeth, Inc."
On November 27, 2009, the US Court of Appeals for the Eighth Circuit ruled that former brand name manufacturers of Reglan® (a prescription drug used to treat certain gastric disorders) could not be held liable for the injuries caused by their competitors’ generic versions of the drug.
United States
7 Dec 2009
20
California Supreme Court Clarifies Requirements for Representative Actions Against Employers
On June 29, 2009, the California Supreme Court issued two decisions clarifying the requirements for bringing representative actions under two state laws, the Unfair Competition Law (UCL) and the Labor Code Private Attorneys General Act of 2004 (PAGA).
United States
 
16 Jul 2009
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