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State Appellate Court Affirms $2.75M Jury Verdict in Negligence Suit Against Railroad Co.

"Overfield did not need to present evidence that either the vest or the working conditions of the locomotive were inherently unsafe, or that they each constituted an independent cause of his damage, in order to submit the verdict director in the disjunctive," Missouri Appellate Judge Gary M. Gaertner said in Overfield v. BNSF Railway.
5 minute read

Law.com

State Appellate Court Relies on 'Cancellation Rule' for Expert's Conflicting Testimony

"Dr. Sherri Studstill indicated that damages were a possibility but that she had not made any determination that Mr. Simmons had suffered any actual damages," Tennessee Court of Appeals Judge Jeffrey Usman wrote in a Dec. 3 opinion.
5 minute read

Law.com

Transgender Woman Awarded $150K Default Judgment Against Corrections Officer for Alleged Assault

Unlike other cases where traumatized plaintiffs have requested punitive damages in their complaints, transgender female Haleem Gilliland did not raise the request until the default judgment stage.
3 minute read

Law.com

Judge Relies on Recent 8th Circuit Clarification in Quest for Punitive Damages Against Logistics Company

The district court's decision hinged on a July ruling by the U.S. Court of Appeals for the Eighth Circuit, which clarified the standard of proof in an action brought by a plaintiff who claimed he was severely injured when a nitric acid plant negligently released a cloud of toxic gas.
5 minute read

Daily Report Online

State Appeals Court 'Reluctantly' Remands $1.7B Punitive Damages, Sanctions Against Ford for Fatal Rollover

The sanctions came in response to Ford's alleged attempts to reach a "compromise verdict," and force a mistrial for products liability claims. However, those sanctions "almost completely prevented Ford from presenting a defense as to liability," according to Appellate Judge M. Yvette Miller.
8 minute read

Law.com

Judge Splits Couple's Potential Recoupment of Punitive Damages Against eBay's Harassment Campaign

A couple argued California law applied to the potential punitive damages against eBay, as all of the wrongful conduct stemmed from the company's headquarters in California. However, eBay argued Massachusetts law should apply, claiming allegations of surveillance, stalking, and vandalism occurred at the couple's home.
4 minute read

New York Law Journal

Judge Orders Rudy Giuliani to Court Amid Allegations He's Hiding Assets Under Receivership

Plaintiffs are unable to locate the "vast majority" of Giuliani's assets now under receivership, plaintiff's counsel says.
4 minute read

The Legal Intelligencer

Live Nation, Stage Crew Reach $18M Settlement for Forklift Accident After Concert at Phillies' Stadium

"My client is happy to have this trial behind him and is thankful to his medical team for saving his life and his leg. He is hopeful that the lessons about forklift safety are learned from this incident and trial, so that something positive may come out of this tragedy," said the photographer's attorney, Kevin P. O'Brien, of Stampone O'Brien Dilsheimer Holloway.
5 minute read

Delaware Business Court Insider

Justices: Can Delaware Courts Put a Price Tag on Corporate Move to Nevada?

Chief Justice Collins J. Seitz Jr. and two associate justices focused on what would give Delaware courts authority to weigh the pros and cons of corporate redomestication.
4 minute read

National Law Journal

'Truth Still Prevails': In Age of Disinformation, Defamation Attorneys Score Landmark Jury Verdict

"We don't just run into court and file these lawsuits. I wrote to the defendants six years ago and asked them to correct the record and apologize. I think, if they had corrected the record and set it straight six years ago, it's hard for me to imagine that we would have brought this lawsuit at all," defamation attorney Megan Meier said about a false report published about her client.
6 minute read

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