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This article examines the topic of apologies in Spanish tort law, comparing it to the approach taken by the Belgian Court. It explores the concept of reparation for non-pecuniary damage and whether apologies are considered a valid form of compensation in Spanish law. The article also delves into the liability of the public administration in cases of pretrial detention and the specific regime for tort liability related to defamation and the right to honor. It concludes by discussing court-ordered apologies as a remedy in tort law and the relationship between reparation in kind and by equivalent. The text also highlights the limitations of Spanish law in compensating individuals wrongfully incarcerated and raises concerns about defamatory statements made by public authorities and their impact on the presumption of innocence. [Extracted from the article]

The article discusses a legal case where a California federal court awarded $71.4 million in compensatory and punitive damages to rapper T.I. and his wife after a legal battle against a toy manufacturer, MGA Entertainment. The dispute centered around MGA's dolls allegedly infringing on the trade dress and publicity rights of the OMG Girlz pop group owned by the plaintiffs. The case highlights the importance of considering trade dress and publicity rights when developing products inspired by artists, entertainers, or influencers. [Extracted from the article]

The Depp of Donnie Brasco, of What's Eating Gilbert Grape, of Ed Wood and Dead Man, was magnificent to behold, an actor of micro shaded subtlety and unforced charm. TIME OFF MOVIES THE AGING PROCESS IS KIND TO NO ONE, AND THAT includes Johnny Depp. INSET: THE BEST FROM CANNES. [Extracted from the article]

The article presents an assessment of algorithmic discrimination laws in the U.S. that are aimed to prevent the adverse effects of algorithmic-driven technologies to the civil and human rights of African Americans and racially marginalized groups. Among said technologies are machine learning and artificial intelligence. Also cited are the guiding principles for lawmakers to address said discrimination like the preauthorization requirements and reparative justice.

The Ohio Supreme Court ruled that counties cannot bring public nuisance claims against national pharmaceutical chains under the state's product liability law, overturning a previous decision that awarded $650 million in damages to Lake and Trumbull counties in an opioid case. The court found that the Ohio Product Liability Act prohibits all common law product liability causes of action, including public nuisance claims seeking equitable relief. Despite the ruling, plaintiffs' counsel expressed disappointment and vowed to continue fighting through other legal avenues to hold responsible parties accountable for the opioid crisis. [Extracted from the article]

The article from Insurance Journal covers various legal cases and incidents involving companies and individuals. It mentions a Missouri mother seeking $6 billion in a case against Abbott and Reckitt's Mead Johnson for causing severe intestinal illness in her child. Additionally, it discusses a pilot program in New York City subway stations using AI-powered weapons scanners, which did not detect any firearms but had false positives and found knives. Lastly, it highlights a Dallas pharmacy owner sentenced to 10 years in federal prison for insurance fraud and a Nevada jury awarding $5.2 billion in a lawsuit against a bottled water company for causing liver damage. [Extracted from the article]

The article discusses natural disaster losses in 2024, which were below average despite higher frequency, with the U.S. bearing a significant portion of global catastrophe activity. Additionally, the article highlights a lawsuit filed by former Triple-I executive Michael Barry against CEO Sean Kevelighan, alleging discrimination and retaliation after Barry testified in a bullying case against Kevelighan. The lawsuit claims that Barry was fired after trying to protect a coworker from harassment by Kevelighan, leading to a substandard performance rating and denial of an annual bonus. The Institutes, the parent organization of Triple-I, has not responded to requests for comment on the matter. [Extracted from the article]

The article discusses various topics such as the National Flood Insurance Program extending a grace period for policyholders affected by Hurricane Helene, a proposed minimum wage increase in California, potential strain on insurers' catastrophe budgets due to recent weather-related losses, a court ruling absolving Live Nation of responsibility for deaths at a Michigan music festival, a settlement between Texas and a chemical company over a chemical fire, and Bayer's disagreement with a jury verdict ordering them to pay $78 million to a man who claimed Roundup weedkiller caused his cancer. The information provided is diverse and covers a range of current events in the insurance industry. [Extracted from the article]

In a recent trial, a lawyer representing a Missouri mother asked a jury to award over $6 billion in damages from Abbott and Reckitt's Mead Johnson, alleging that their premature baby formulas caused a severe intestinal illness in her son. The companies are facing litigation over the safety of their formulas, with Abbott considering pulling its product from the market. Despite the claims made in court, regulatory agencies and scientists have stated that there is no conclusive evidence linking formula to the illness. [Extracted from the article]

A jury has awarded three women a total of $300 million in damages after they alleged they were sexually abused while patients at a children's hospital in Virginia. The women each received $60 million in compensatory damages and $40 million in punitive damages. The lawsuit involved 46 former patients who sued the Cumberland Hospital for Children and Adolescents and Dr. Daniel Davidow, the hospital's medical director. The women claimed that Davidow inappropriately touched them during femoral pulse exams. Davidow denies the allegations and was acquitted of felony sex abuse charges in a previous criminal trial. [Extracted from the article]

In a 6–3 decision authored by Chief Justice Roberts, the United States Supreme Court held that compensatory damages for emotional distress are not available under Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act 1964, and Title IX of the Education Amendments of 1972 (Cummings v. Premier Rehab Keller, 2022 WL 1243658 (April 28, 2022)). This decision is a major blow to the civil rights community and has profound impact on postsecondary educational institutions. [ABSTRACT FROM AUTHOR]

June 14, 2022 In Warfield v. ICON Advisors, Inc., 26 F.4th 666 (4th Cir. 2022), the U.S. Court of Appeals for the Fourth Circuit issued a notable opinion applying the standard for vacatur of an arbitration award on grounds that it was rendered in "manifest disregard of law." But by virtue of FINRA Rule 13200(a) and his signed FINRA Form U4 (Uniform Application for Securities Industry Registration or Transfer), the dispute concerning Mr. Warfield's termination was subject to FINRA arbitration. Available filings in the underlying arbitration-not reviewed in the Fourth Circuit's opinion but accessible in the public docket of the district court case-suggest that Mr. Warfield may have made a very sympathetic showing over the four days of the arbitration hearing. [Extracted from the article]

Recipients of federal funds are prohibited from discrimination under the Rehabilitation Act and the Affordable Care Act. Congress, acting under its Spending Power, has incorporated into those statutes implied remedies under Title VI, including a private right of action for compensatory damages. The petitioner alleges discrimination based on the respondent’s refusal to provide her with an American Sign Language (ASL) interpreter so she could receive physical therapy for a work injury and chronic back pain. Respondent receives federal funds. Petitioner sued for injunctive relief and emotional distress. Courts have allowed similar damages in Title VI cases, until now. The U.S. District Court for the Northern District of Texas said petitioner lacked standing and thus denied injunctive relief. It also held, on its own motion, that emotional distress damages are unrecoverable. The U.S. Court of Appeals for the Fifth Circuit affirmed, saying that emotional distress damages are not available for a breach of contract. It also denied rehearing en banc. [ABSTRACT FROM AUTHOR]

Toyota has been sued in a proposed class action lawsuit in the United States, with plaintiffs accusing the Japanese automaker of emissions cheating in nine engines used in its forklift trucks. The complaint alleges that Toyota made software changes or substituted different engines during emissions tests, allowing the forklifts to perform better in testing than in real-world conditions. Toyota had previously suspended some forklift sales in Japan due to emissions issues. The lawsuit seeks compensatory and punitive damages, as well as full refunds for the plaintiffs. [Extracted from the article]

Boar's Head is facing a $48 million lawsuit due to a Listeria outbreak that resulted in nine deaths and the closure of a processing plant. The lawsuit, filed by Robert Reposa, alleges that he became seriously ill after consuming Boar's Head meat products and seeks compensatory and punitive damages. Reposa claims that Boar's Head failed to take necessary precautions to prevent the outbreak and did not provide adequate warnings about the dangers of its products. Two other lawsuits have also been filed against the company in relation to the Listeria contamination. [Extracted from the article]

RL New Brunswick Owner LLC, the landlord for a fire-damaged building leased to Red Lobster, is suing Zurich American Insurance Co. for $1.2 million in fire insurance claims payments. The landlord claims that Zurich breached its insurance contract and was negligent by not including its name as a loss payee on two claims checks issued to Red Lobster after the fire. RL New Brunswick alleges that not being named on the checks allowed Red Lobster to avoid using the funds to repair the property. Red Lobster filed for bankruptcy protection in May 2024, and all of its assets were converted into assets of the bankrupt estate, preventing the use of insurance settlement proceeds for repairs. The lawsuit seeks compensatory and consequential damages, legal costs and attorneys' fees, and further relief as deemed appropriate by the court. [Extracted from the article]

Mark Janny, a Colorado parolee, has won a legal victory after being sent back to jail for refusing to participate in Christian worship. The case, Janny v. Gamez, was settled with the Colorado Department of Corrections, resulting in Janny being awarded $100,000 in damages. Janny's parole officer, John Gamez, violated his First Amendment rights by mandating his participation in religious activities. The settlement is seen as a victory for religious freedom and the separation of church and state. [Extracted from the article]

A recent U.S. appeals court ruling has reduced the copyright damages that Hytera Communications owes Motorola Solutions, but the China-based manufacturer still faces a payment of over $400 million and the possibility of a permanent injunction. The case, initially filed in 2017, alleges that Hytera stole trade secrets and copyrighted software from Motorola to build its DMR radios. The appeals court ordered a U.S. district court to reconsider the case, including the amount of copyright damages, which should be based only on Hytera's U.S. sales. The court also directed the district court to reconsider Motorola's request for a permanent injunction. The appeals court criticized Hytera's legal conduct during the case. [Extracted from the article]

The article discuses the report "Reimagining Restitution: New Approaches for Youth and Communities" which examines problems associated with restitution in the juvenile justice system. The report found that victim compensation funds are much more effective in making victims financially whole than youth restitution as these youth are often from low-income families.

December 20, 2021 The fourth and final installment in our False Claims Act (FCA) series, this article explores cooperation credit and settlement of FCA claims. Part 1 Part 2 Part 3 Whether you are subject to an ongoing False Claims Act (FCA) investigation or qui tam action, or have become aware of facts that may subject you to an FCA enforcement action in the future, it is important to consider the benefits and potential pitfalls of cooperating with the government and settling FCA claims. [Extracted from the article]

The article focuses on the status of private property under the Fifth Amendment to the U.S. Constitution, which provides that no private property be taken for public use, without just compensation. It mentions that in states like Texas, property owners facing eminent domain in state court can secure payment of an administrative award, decided by a neutral body. It also informs on a court case of Granny Smith Ranch on same.

A recent ruling by the U.S. Court of Appeals for the Federal Circuit has established that federal whistleblowers who face retaliation are entitled to financial compensation for the loss of potential future wages, in addition to back pay. The case, Perlick v. Veterans Affairs Department, involved Deborah Perlick, who was fired after reporting missing funds. The court clarified that federal whistleblowers can receive compensatory damages for future lost earnings, even if they do not have guaranteed jobs lined up. This ruling is seen as an important victory for federal whistleblowers and could have far-reaching impact. [Extracted from the article]

Meta Platforms, the parent company of Facebook, has failed in its bid to dismiss a lawsuit brought by Australian billionaire Andrew Forrest. Forrest alleges that Meta allowed scam advertisements on its platform that featured his likeness and promoted fake cryptocurrency and fraudulent investments. U.S. District Judge Casey Pitts in San Jose, California, ruled that Forrest can proceed with his claims, including proving that Meta's negligence breached its duty to operate responsibly. Meta had argued that it was protected from liability under Section 230 of the federal Communications Decency Act, but the judge disagreed. Forrest is seeking compensatory and punitive damages. [Extracted from the article]

A Pennsylvania judge has reduced a $2.25 billion verdict against Bayer to $400 million in a case where a man claimed he developed cancer from using the company's Roundup weedkiller. The jury found that the man's non-Hodgkins lymphoma was caused by Roundup and ordered Bayer to pay $250 million in compensatory damages and $2 billion in punitive damages. The judge granted some of Bayer's post-trial motions, reducing the compensatory damages to $50 million and punitive damages to $350 million. Bayer plans to appeal the decision and has called for legislative reform to protect companies that comply with federal labeling requirements. [Extracted from the article]

Johnson & Johnson has been ordered by an Oregon jury to pay $260 million to a woman who claimed that her cancer was caused by the company's baby powder. The jury found that J&J was responsible for the woman's mesothelioma, a cancer linked to asbestos exposure, and awarded her $200 million in compensatory damages and $60 million in punitive damages. J&J is currently facing over 61,000 lawsuits related to talc and cancer, and the company plans to appeal the Oregon verdict. J&J has maintained that talc does not cause cancer and has already settled other mesothelioma cases to resolve talc litigation. [Extracted from the article]

The National Association of Realtors has agreed to pay $418 million in compensatory damages to home sellers and make changes to commission practices in response to class-action lawsuits. The lawsuits questioned the practice of requiring seller's agents to specify the commission offered to buyer's agents when listing a property on a multiple listing service (MLS). As a result, listing agents will be banned from offering commission splits on an MLS, and buyer's agents will be required to enter into contracts with clients to establish pay and services upfront. These changes could potentially upend the real estate industry and lead to more price-conscious buyers and reduced home prices in the long run. [Extracted from the article]

A Michigan prisoner has been awarded over $71,000 in a civil rights lawsuit for sexual abuse by a guard. The court also granted $16,975 in attorney fees and $4,459.91 in costs. The prisoner, Patrick Grover, had previously been awarded $50,000 in compensatory damages, including $30,000 for counseling sessions. The court found that the requested $250,000 in compensatory damages was excessive. The abuse occurred over a period of time and involved threats and manipulation by the guard. [Extracted from the article]

A recent study conducted by researchers at the Icahn School of Medicine at Mount Sinai examined medical malpractice litigation involving orbital fractures. The study found that orbital fractures often require surgical intervention and can be a source of medical litigation due to the complexity of the reconstruction. The researchers reviewed 49 cases from 1994 to 2018 and found that the most common legal complaint was a failure to diagnose the fracture correctly. While almost half of the cases favored the defendant, cases that were decided in favor of the plaintiff resulted in significant compensatory damages, with some exceeding $100,000. [Extracted from the article]

GSK and Boehringer Ingelheim are accused of prioritizing profits over consumer safety by concealing the cancer risks of their heartburn drug Zantac, according to lawyers representing a woman in a lawsuit. The woman, Angela Valadez, used Zantac for 18 years before being diagnosed with colorectal cancer and is seeking $640 million in compensatory damages. Internal documents allegedly show that GSK knew about the drug's risks but sold it without warnings. Tens of thousands of similar lawsuits are pending against GSK, Boehringer, Pfizer, and Sanofi, who all sold Zantac at different times. [Extracted from the article]

A federal jury has ruled that BNSF Railway contributed to the deaths of two individuals who were exposed to asbestos in a Montana town. The jury awarded $4 million each in compensatory damages to the estates of the deceased plaintiffs. The vermiculite, which contained naturally-occurring asbestos, was shipped through the town of Libby and caused illnesses and deaths. The jury did not find that BNSF acted intentionally or with indifference, so no punitive damages were awarded. This case is the first of many lawsuits against the railroad corporation to reach trial over its past operations in Libby. [Extracted from the article]

A Wells Fargo bond saleswoman has filed a lawsuit against the bank, claiming sex discrimination and a hostile work environment. Michal Leavitt alleges that she was denied promotions and fair pay compared to her male colleagues and was subjected to a "boys' club" atmosphere. Leavitt also claims that she was not assigned large accounts and faced negative evaluations when she raised concerns about gender bias. This case is part of a larger pattern of allegations against big banks for bias against women. [Extracted from the article]

The article discusses the case of QDA versus EKD [2021] NZEmpC 139, which revolved around the dismissal of Mr. D, a waste collection vehicle driver, by QDA, his employer, for a driving incident and failing to promptly report it as per the company's Safe Driving Policy. Despite Mr. D's dismissal, the Employment Court found it to be unjustified due to procedural failures and inadequate investigation by QDA and awarded Mr. D $9071.56 in compensatory damages.

The jury initially declined to award damages to two plaintiffs in the case because they released claims against the defendants in a loan modification agreement. On appeal, the defendants argued that the plaintiffs' ECOA claims fell outside of the applicable statute of limitations, that the trial court provided erroneous jury instructions, and that the two plaintiffs originally denied damages should be subject to the loan modification release. [Extracted from the article]

The article focuses on experience suggests which perhaps the single most important reason settlement negotiations fail. It mentions issuance of new stock lowers the percentage of stock held by the early investors and increase in the company's value usually more than offsets the dilution, producing a net rise in the founders' interests. It also mentions feelings of loss posed challenges for settlement and common law for the compensatory damages.

This article covers a range of topics, including corruption within the National Rifle Association (NRA), the need for change within Boeing, insanitary conditions at Family Dollar, the impact of rising insurance costs on Florida condo sales, Chicago's lawsuit against oil and gas corporations for deceiving consumers, and a settlement between Apache Corporation and New Mexico to address air pollution. The article provides quotes from various individuals involved in these issues, highlighting the need for accountability and change. [Extracted from the article]

Reckitt Benckiser Group Plc, a UK company, saw a 20% drop in its stock value after a jury awarded $60 million in damages to an Illinois woman who claimed that the company's Enfamil baby formula caused the death of her premature baby. The verdict, the first of its kind to go to trial in the US, resulted in the largest market value loss in the company's history, wiping out $9.3 billion. The jury found that Reckitt's Mead Johnson Nutrition unit failed to warn the woman about the risks of necrotizing enterocolitis (NEC) in its formula. Reckitt plans to appeal the verdict and maintains that its products are safe. Other formula makers, including Abbott Laboratories, also saw a decline in their stock prices following the verdict. Thousands of lawsuits targeting Mead Johnson and Abbott are pending in state and federal courts. [Extracted from the article]

Reckitt Benckiser Group Plc, a UK company, saw its stock price drop by 20% after a jury awarded $60 million in damages to an Illinois woman whose premature baby died after consuming the company's Enfamil baby formula. The verdict, the first of its kind to go to trial in the US, caused Reckitt to lose about $9 billion in market value. The jury found that Reckitt's Mead Johnson Nutrition unit failed to warn the woman about the risks of necrotizing enterocolitis (NEC) associated with the formula. Reckitt plans to appeal the verdict and maintains that its products are safe. Other formula makers, including Abbott Laboratories, also saw their stock prices decline in response to the verdict. Thousands of lawsuits related to NEC risk are pending against Mead Johnson and Abbott. [Extracted from the article]

Reckitt Benckiser Group's stock dropped over 11% after a jury awarded $60 million in damages to an Illinois woman who claimed that the company's Enfamil baby formula caused the death of her premature baby. The jury ruled that Reckitt's Mead Johnson Nutrition unit failed to warn the woman about the risks of necrotizing enterocolitis (NEC) in its formula. Reckitt maintains that its products are safe and does not believe they cause NEC. The case is the first of many lawsuits targeting formula makers over the NEC risk. [Extracted from the article]

The article discusses the concept of social inflation and its impact on insurers and insureds in the United States. Social inflation refers to the increasing trend of large jury awards and settlements, often referred to as "nuclear verdicts," which result in significant financial and reputational damages. Factors driving social inflation include third-party funding, a desire to punish perceived bad practices, and the composition of jury panels. The article suggests that insurers and insureds should collaborate to mitigate the impact of social inflation by employing tactics such as participating in mock jury trials, highlighting appropriate compensatory damages, and employing experienced counsel. Additionally, the article recommends best practices for the insurance industry, including collaborating on excess placements and resisting pressure to tender policy limits. [Extracted from the article]

A civil court jury in Maryland found Rabbi Steven Krawatsky liable for abusing two children and awarded damages in a years-long case. The families of the alleged victims were awarded $8,000 each in punitive damages and $1 each in compensatory damages. The case stemmed from sexual abuse allegations published in New York Jewish Week, which led to a defamation suit filed by Krawatsky against the parents of the accusers, victim advocate Chaim Levin, and the paper and journalist who published the report. The defamation case was dismissed, and charges against Levin were also dismissed. The civil trial, which had been delayed due to the COVID-19 pandemic, took place in February 2024. [Extracted from the article]

Former President Donald Trump has requested a delay in the execution of an $83.3 million jury verdict against him in a defamation lawsuit filed by E. Jean Carroll. Trump's attorney argues that the award is "excessive" and likely to be reduced on appeal. The delay would give Trump more time to file an appeal and potentially resolve some issues before the appeal process begins. Trump is also facing financial challenges after losing another high-stakes trial, where he was hit with $454 million in penalties in a civil fraud suit. Carroll accused Trump of raping her in the 1990s, and she sued him for defamation after he accused her of lying. The $83.3 million verdict includes compensatory and punitive damages. Trump's attorney plans to challenge the verdict on several grounds. [Extracted from the article]

Standard Chartered Bank has been fined by the National Consumer Disputes Redressal Commission (NCDRC) for misplacing a customer's original registered sale deed. The bank has been ordered to pay ₹5,000 for litigation costs, ₹5,000 for compensatory damages, and ₹5,000 for mental suffering. This incident is not isolated, as other banks have also been penalized for misplacing original documents. The Reserve Bank of India (RBI) has implemented guidelines requiring lenders to provide borrowers with genuine property documents within 30 days after loan repayment in full, with penalties for non-compliance. [Extracted from the article]

A New York jury has awarded writer E. Jean Carroll $18.3 million in compensatory damages and $65 million in punitive damages in her defamation case against former President Donald Trump. This is a significant increase from the initial $5.5 million awarded to Carroll last year. Trump's continued smearing of Carroll as a "whack job" and liar on social media and in speeches contributed to the jury's decision. Trump may be forced to sell some of his properties to pay Carroll and a separate fine in New York state, which could cost him up to $370 million. His wealth, estimated at $3 billion, is mostly tied up in real estate. Trump's legal and financial troubles are mounting, with 91 felony charges against him. [Extracted from the article]