1,050 results for 'cat:"Damages"'.
J. White finds the circuit court improperly entered a judgment in the widow's favor after a jury's verdict finding Pabst liable for $6,986,906 in damages stemming from the widow's husband's death from mesothelioma he contracted from asbestos he encountered working as a pipefitter at Pabst and other locations. In her cross-appeal, the widow correctly argues that the circuit court improperly applied the punitive damages statute such that only Pabst's portion of compensatory damages was doubled, not the total amount of compensatory damages she was awarded. All of Pabst's arguments against the judgment and verdict fail, including those challenging the sufficiency of the evidence and the jury instructions. The case is remanded for the circuit court to enter a new judgment against Pabst totaling $13,419,295. Affirmed in part.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: May 7, 2024, Case #: 2022AP000723, Categories: damages, Negligence, Asbestos
J. Welch finds the county court properly granted injunctive relief and damages to the property developer. The residential property owner constructed a sediment pond and dam, causing drainage issues on the developer's property. The developer has shown that it has lost use of a portion of its property, as well as having lost trees to erosion caused by pooling water. The water backup was caused by negligent construction, as shown by the testimony of a civil engineer. Removal of the pond and dam is the only remedy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-114, Categories: Agriculture, Property, damages
J. Harris finds that the lower court properly awarded the woman $316,000 in damages after the man disseminated a sex tape, including her full name and her city and state, without her consent. Expert testimony is not required for a jury to find the woman was significantly affected by having a sexually explicit video of her posted online where it was viewed over 50,000 times. Further, punitive damages are warranted even if the video was recorded with the woman's consent, because the evidence shows the man acted willfully and in retaliation for the woman breaking off the relationship. Affirmed.
Court: Illinois Appellate Court, Judge: Harris, Filed On: May 7, 2024, Case #: 230585, Categories: Tort, damages, Technology
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J. Bourgeois denies an insurer's request to compel a property owner to provide more than a one-word denial that it filed separate damage claims two to six months after Hurricane Ida hit Louisiana in 2021. If true, the insurer’s allegations of tardiness would contradict the property owner’s breach of contract suit alleging the insurer failed to pay the amount due within 30 days after receipt of satisfactory proof of loss, as required by state law. The property owner denied both of the insurer’s requests for admissions, and the denials are “sufficient even if they are false.” However, if the insurer ultimately proves the denied matter is true, the property owner may be subject to sanctions.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 3, 2024, Case #: 3:23cv820, NOS: Insurance - Contract, Categories: Civil Procedure, damages, Discovery
J. Bland finds that the court of appeals improperly ruled in favor of homeowners who sued a contracting firm alleging that their work on a pipeline caused damages to their property. A jury ruled in favor of the homeowners, but two of the jurors did not join in the verdict. The contracting firm argues that because the verdict was not unanimous, the homeowners are not entitled to collect the damages. It was the homeowners' burden to secure and show that the verdict was unanimous; because that failed to happen, they cannot recover the split verdict on exemplary damages. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0889, Categories: Civil Procedure, Jury, damages
J. Doughty grants unopposed requests by an insurance claims adjuster and an inspection company, dismissing negligence claims filed by a manufacturer of welding products. The manufacturer fails to plausibly allege either business owed it a duty under Louisiana law related to the hiring of the two companies for damage assessments after hurricane-driven rainfall allegedly damaged 10 welding machines. The manufacturer also does not allege any fraud or intentional misrepresentation against either company and does not oppose their dismissal from the suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 3, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: Civil Procedure, Property, damages
J. Lyle finds that the lower court properly denied the plaintiff driver's request for statutory costs and but improperly denied her prejudgment interest as the prevailing party in an arbitration proceeding stemming from a motor vehicle suit. The driver did not request costs in her litigation papers, which is a required step even before the arbitrator designated her as the prevailing party. However, as the assessment of interest does not qualify as "damages," the driver is still entitled to this money without having made a prior request to the arbitrator. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: May 3, 2024, Case #: 230079, Categories: Arbitration, Vehicle, damages
[Consolidated.] J. McNeill finds that the lower court properly reduced a $250,000 award for loss of earning capacity caused by an injury plaintiff sustained while interning for Western Kentucky University because plaintiff was only due the amount that remained following discharge of medical bills. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: May 3, 2024, Case #: 2023-CA-0521-MR, Categories: Employment, damages, Negligence
J. Marconi grants the motion for leave to amend a complaint brought by a pedestrian who was injured when he tripped due to a hole in a public sidewalk in Conway, New Hampshire. The pedestrian has the opportunity to include, in his complaint, allegations that satisfy the particularity requirement, which he has failed to achieve so far. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: May 3, 2024, Case #: 2022-0648, Categories: Insurance, Municipal Law, damages
[Consolidated.] J. Scudder finds that the lower court properly found the businessman and three associated healthcare companies violated the Anti-Kickback Statute and False Claims Act by knowingly paying kickbacks to induce referrals for medical services, many of which were paid for by Medicare. However, the $6 million judgment against the businessman must be revised, because the lower court did not sufficiently clarify which Medicare claims - all or some - resulted from the illegal kickback scheme. Affirmed in part.
Court: 7th Circuit, Judge: Scudder, Filed On: May 2, 2024, Case #: 22-3295, Categories: damages, Medicare, False Claims
J. Jolivette Brown denies summary judgment to a New Orleans hotel on its argument the litigant’s claims for monetary damages are barred by state law because he was sentenced to 37 months in prison for being a convicted felon in possession of a handgun in connection with the shooting death of an armed hotel parking valet. Genuine issues of material fact remain as to whether the deceased valet had the right to use reasonable force during the incident. Furthermore, the litigant's claims of negligence, assault, battery and false imprisonment will not be dismissed for non-participation in discovery since he is involuntarily incarcerated.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 2, 2024, Case #: 2:22cv1764, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, damages, Negligence
J. Maldonado denies an Illinois city and its police officers’ motion for new trial, judgment or remittitur of damages. A jury previously found the city and its police liable for falsely imprisoning a man and violating his Fourth Amendment rights, and awarded the man over $3 million in damages. The court found the jury properly arrived at its verdict and issued appropriate damages.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: May 2, 2024, Case #: 1:17cv4699, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, damages, Police Misconduct
J. Self grants the mover's motion for default judgment in an employment discrimination action against the moving companies. The mover, a Black man who is Muslim, claimed that he was subjected to race- and religion-based discrimination and ultimately fired after his boss insisted in an outburst that the Quaran promoted hate and the killing of innocents. The mover exhausted his administrative remedies and sufficiently established that the companies discriminated against Black employees, including with respect to compensation. The mover is entitled to $50,000 in damages, $16,000 in attorney fees and back pay plus interest.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: May 2, 2024, Case #: 5:23cv394, NOS: Employment - Civil Rights, Categories: damages, Employment Discrimination
J. Bahr finds that the district court improperly entered judgment after a jury awarded a total of $175 million of noneconomic damages to individuals and denied a driver's motion for new trial in a wrongful death suit following a DUI matter. A driver alleges he is entitled to a new trial because injured parties and decedents' loved ones improperly referred to alcohol at the trial, despite the court’s prior ruling that evidence relating to his intoxication was not admissible. The award was excessive and the jury improperly speculated as to the damages. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND80, Categories: damages, Wrongful Death
J. Tenney holds that a company's former COO failed to preserve his challenge to the damages the trial court awarded after finding the company had violated securities law by misrepresenting stock options it had offered him as compensation. He was awarded damages based on the difference between value of his labor and his undercompensation in salary. He failed to argue at trial that he should have been awarded a value equal to the options' strike price multiplied by the number of shares offered. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: May 2, 2024, Case #: 20220733-CA, Categories: Employment, Securities, damages
J. Gardephe awarded the employee Mr. Chen $50,000 on his claims for unpaid wages and overtime compensation against the liquor store. The employee was paid $2,800 a month plus lodging in exchange for working 11 hours a day, six days a week, and was never informed of his right to overtime pay.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: May 2, 2024, Case #: 1:19cv6115, NOS: Fair Labor Standards Act - Labor, Categories: Employment, damages
J. Robie finds that substantial evidence supported a finding that a utility customer aided and abetted the diversion of electricity. He purchased equipment to grow cannabis, made phone calls to the area, collected money that could have come from the operation, and utility employees found no one living at the home while every room was set up to grow cannabis. The same evidence supported a treble damages award of $82,000 plus attorney fees. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: April 30, 2024, Case #: C097382, Categories: damages, Conversion
J. Africk denies summary judgment to an insurer and its insured homeowners on claims the insurer acted in bad faith by failing to pay for hurricane damages within 30 days upon proof of loss. “Although the question is close,” the facts of the payment at issue are sufficient to create a genuine dispute as to whether the original inspection constituted satisfactory proof of loss.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: April 30, 2024, Case #: 2:23cv377, NOS: Insurance - Contract, Categories: Insurance, damages
J. Pepper enters a default judgment in favor of the vape pen manufacturer in its lawsuit against the smoke shop accused of selling counterfeit vaporizers bearing the manufacturer's trademarks. The manufacturer has done enough to prove its Lanham Act claims, but its claim for $200,000 in statutory damages is excessive, so it will be awarded $20,000 plus $497 in costs.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:23cv1018, NOS: Trademark - Property Rights, Categories: Trademark, damages
J. Chapman finds that the lower court properly found for an employee on disability discrimination and retaliation claims against the city and awarded her $500,000 plus $278,000 in back pay. The city failed to establish that the trial court abused its discretion in declining to apply judicial estoppel based on the employee's Social Security disability proceedings to prevent her from testifying that she could work with a reasonable accommodation. Further, the city's challenge to the jury instructions "inexplicably" fails to even mention the court's application of a damages cap on the jury award, which reduced the damages by over $1 million. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: April 30, 2024, Case #: WD85851, Categories: Ada / Rehabilitation Act, damages, Employment Discrimination
J. Smith finds that the lower court properly entered judgment in this negligence suit arising from a car accident. The appellant argues that he should have been awarded damages after the appellee was found by the jury "to be at fault for the accident." However, the jury's finding of zero damages was not "manifestly unjust." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 05-23-00390-CV, Categories: Tort, damages, Negligence
J. Dick grants, in part, an insurer's motion for summary judgment, dismissing two Louisiana property owners’ counterclaims for fire damage. The insured couple are not able to produce sufficient evidence they resided at the house at the time of the blaze, as required by their insurance policy. The couple’s claims for fire-damaged contents remain.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 29, 2024, Case #: 3:23cv584, NOS: Insurance - Contract, Categories: Civil Procedure, Evidence, damages
J. King awards each of the survivors $150,000 in liquidated damages for their complaint asserting that they should receive damages for the convicted having images depicting the sexual abuse of the survivors as children. The survivors are entitled to default judgment because they prove that they suffered damages from the existence and possession of these images, and the convicted's lack of participation in this litigation will prejudice the survivors if they do not receive default judgment.
Court: USDC Western District of Washington, Judge: King, Filed On: April 29, 2024, Case #: 2:23cv803, NOS: Other Personal Injury - Torts - Personal Injury, Categories: damages