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Daily Report Online

Nearly $50M Award in Post-Acquisition Dispute Between Land Developers Denied by Federal Jury; $1 Nominal Fee Awarded

"We are pleased with the jury's vindication of Mr. Erickson and rejection of the majority of claims against him, including that Plaintiffs' land sale claims were undermined by Plaintiffs' own failures under the contract." "After more than two years of hard-fought litigation, the jury concluded that the Plaintiffs' demand for nearly $49 million in damages was unsupported by the facts of the dispute. The Court also awarded Mr. Erickson more than $100,000 on his counterclaims against the Plaintiffs."
3 minute read

New York Law Journal

A Primer on Poundage Due in Judgment Enforcement Proceedings

An execution is a powerful judgment enforcement tool, but it should be employed cautiously with a full understanding of the right of the sheriff or marshal to collect poundage on a settlement.
6 minute read

New York Law Journal

First Dept. Forms Bright-Line Rule To Cap Damages From Breach of 'Agreement to Agree'

In his March 2023 column, Curtis Leitner discussed how the trial court in 'Cresco' bucked the principle that damages from a breach of a preliminary "agreement to agree" are limited to out-of-pocket costs—however, the First Department reversed this decision in June. This column addresses that reversal.
8 minute read

Texas Lawyer

Gregory v. Chohan: More Questions Than Answers on Mental Anguish Damages

We will need further opinions from the Texas Supreme Court to clarify where we now stand.
9 minute read

The Recorder

'Selling Sunset' Star Hits Producers With Breach-of-Contract Suit Over Edits, Production of New Show 'Flipped'

This complaint was first surfaced by Law.com Radar.
4 minute read

Litigation Daily

Litigators of the Week: A $16B Win for Energy Company Shareholders in Expropriation Suit Against Argentina

A federal judge in Manhattan sided with lawyers at Clement & Murphy, Kellogg Hansen and King & Spalding by landing on the high end of the damages sought over the Argentine government's 2012 move to seize majority control of YPF.
8 minute read

Law.com

Former Amazon.com Employee Claims She Was Unable to Reach English-Speaking Rep After Termination on Injury Leave

This complaint was first surfaced by Law.com Radar.
3 minute read

Law.com

'If There Had Been a Full Refund, Do You Think We'd Be Here?': Ohio Supreme Court Hears Arguments in COVID-19 College Refund Dispute

"[A]s appellees have now conceded, there is no qualitative difference between online instruction and in-person instruction. They are the same, we charge the same, it's the same instruction," argued OSU's counsel, John R. Gall, a senior partner at Squire Patton Boggs in Columbus.
6 minute read

Daily Report Online

'What Pain Means': How Plaintiff's Counsel Overcame a Client's Poor Medical Records and Secured a $2.5M Verdict

Plaintiffs' counsel said they swayed the jury by finding instances where the defense's' experts' testimony in other cases was contrary to the opinions they provided in their clients'.
4 minute read

New York Law Journal

E. Jean Carroll Wins Partial Summary Judgment in Defamation Case Against Trump

Judge Lewis Kaplan ruled that collateral estoppel applied, as the facts at issue in the upcoming defamation trial had already been decided by a jury.
3 minute read

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