1,048 results for 'cat:"Damages"'.
J. Brown finds that the trial court properly denied Walmart's motion for a new trial after a jury found in favor of the shopper in a negligence action and awarded her $1 million in nominal damages. The shopper suffered injuries when two Walmart employees ran into her with a pallet jack. The damages award is not excessive. The jury awarded the shopper less than one-fifth of the damages she requested. The cross-examination of Walmart's expert neurologist by the shopper's attorney about a prior instance where the expert examined an individual who had been shot in the breast did not taint the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 10, 2024, Case #: A24A0115, Categories: damages, Negligence
J. Huddle finds that the court of appeals improperly ruled against a doctor being sued by a woman who says the doctor failed to sterilize her, leading to an unwanted pregnancy. The state does not recognize the birth of a healthy child as an injury for which a parent can seek damages. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 10, 2024, Case #: 22-0410, Categories: damages, Negligence, Medical Malpractice
J. Quinn finds that the lower court improperly awarded certain damages in this dispute involving a well drilling business and two former employees. The court concludes that the $1.53 million award for lost profits was in error, as it was not sufficiently supported by the evidence. The finding of $1.1 million in damages to the parent corporation was supported by the evidence, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 9, 2024, Case #: 07-23-00378-CV, Categories: Employment, damages, Fiduciary Duty
Per curiam, the Florida Supreme Court finds that the court of appeal properly ruled in personal injury claims brought by the surviving spouse because the marriage need not have occurred prior to the injury for a surviving spouse to recover damages. Affirmed.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: SC2022-0597, Categories: damages, Negligence
J. Kagan finds that the circuit properly held that copyright infringement claims allow copyright owners to obtain monetary relief for damages in timely filed claims, and thus the three-year limit for filing the action did not limit damages to three years. Affirmed.
Court: US Supreme Court, Judge: Kagan, Filed On: May 9, 2024, Case #: 22-1078, Categories: Civil Procedure, Copyright, damages
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J. Williams finds that the lower court properly awarded $0 in damages to the appellant in this breach of contract case involving oilfield equipment that allegedly fell into an oil well and had to be retrieved. Additionally, the amount owed to the appellee under multiple invoices was not “previously discharged by any material breach,” as the appellant argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 9, 2024, Case #: 11-22-00230-CV, Categories: damages, Contract
J. Harris finds that the trial court properly awarded damages and attorney fees to a food distributor, and rejected a food supplier's motion for a new trial in a dispute over invoices for tortillas. The supplier claimed an inconsistent verdict but breach of contract and the implied covenant of good faith and fair dealing are independent causes of action so the jury could find bad faith without finding a breach of terms. And a jury could reasonably award damages based on the bad faith claim after finding that the elements of a contract claim aside from damages had not been met. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 9, 2024, Case #: 20220982-CA, Categories: damages, Attorney Fees, Contract
J. Mead finds that the lower court improperly declared the scope of the right of way and improperly awarded certain damages in this dispute involving an easement. Accordingly, the matter is remanded "for further findings regarding the degree to which vehicular passage upon the northwesterly portion of the easement is impossible." Vacated in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 9, 2024, Case #: 2024ME34, Categories: Real Estate, damages
J. Cole denies Kroger's motion to dismiss, ruling the consumers' reliance on false representations about the type and amount of heavy metals in teething wafers when buying the product constitutes a particularized injury that gives them standing to pursue product liability claims. Although their children did not suffer any physical injuries as a result of eating the wafers, the economic injuries sustained by the parents allow the case to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 8, 2024, Case #: 1:22cv544, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: damages, Product Liability, Class Action
J. Davies finds a lower court improperly ruled in favor of a property owner on nuisance claims against a local borough. The property owner argued that the local borough failed to prevent Japanese knotweed from infiltrating on his land. However, the local bureau sufficiently showed in court that the Japanese knotweed was present before the property owner acquired the acreage.
Court: Supreme Court of the United Kingdom, Judge: Stephens , Filed On: May 8, 2024, Case #: 2024-UKSC-15, Categories: Property, 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
J. Africk grants summary judgment to an insurer on an apartment complex owner's breach of contract action related to hurricane damages. The litigant’s claim was premature when it was filed. He concedes he reported the claim to the insurer only nine days before filing the lawsuit, and almost two years after the hurricane. Additionally, despite the insurer’s efforts to contact the apartment complex owner’s counsel to schedule an inspection, the insurer received no response until after the lawsuit had been filed.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: May 6, 2024, Case #: 2:24cv369, NOS: Insurance - Contract, Categories: Civil Procedure, Evidence, damages
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