LexisNexis® Legal Newsroom
Damages Must Be Proven With Reasonable Certainty

A plaintiff must prove his damages claim with reasonable certainty by providing sufficient facts and circumstances to allow the fact finder to make an intelligent and probable estimate of the damages sustained. In Crum v. Anonymizer , the Fairfax Circuit Court refused to modify a jury verdict awarding...

Jury Awards $1.3 Million In Zometa Jaw Injury Trial After Botching 1st Verdict Form

ORLANDO, Fla. — (Mealey’s) A Florida federal jury on Sept. 20 found that Novartis Pharmaceuticals Corp. failed to warn a cancer patient about the risk of osteonecrosis of the jaw (ONJ) and awarded her $1.3 million in medical expenses and non-economic damages ( Nancy Guenther, et al. v. Novartis...

ICE Locks Up U.S. Citizen for Seven Months; She Sues

"Immigration officials imprisoned a U.S. citizen for seven months and when she sued for the abuse tried to revoke her citizenship in retaliation, the woman claims in court. Sharon Arlanza Yost sued the United States in Federal Court . ... Yost seeks damages for negligence, false imprisonment, and...

Environmental Coverage Summary: 2013 – Environmental Cases Addressing Other Significant Issues

Other cases decided in 2013 addressed certain issues that were typical of environmental coverage actions past, present and future. These issues include choice of law, what constitutes an "occurrence," the number of occurrences, and what constitutes "damages." We summarize key decisions...

Norton Rose Fulbright: New York Court Says Medical Device Distributor’s Lost Profits Are Direct, Not Consequential, Damages

By Frederick Robinson and Glen Banks In its March 27th opinion in Biotronik A.G. v. Conor Medsystems Ireland Ltd . 1 [ enhanced opinion available to lexis.com subscribers ], a sharply divided New York Court of Appeals ruled that a "no consequential damages" clause in a distribution agreement...

Washington Court Holds Covenant Judgment Sets a Floor, Not a Ceiling, on Damages

By Matthew J. Sekits , Daniel R. Bentson . Recently, the Washington Court of Appeals increased the damages available to an assignee of an insured's bad faith claims, holding that a "covenant judgment sets a floor, not a ceiling, on the damages a jury may award." In other words, the...

N.J. Judge Awards $90.5M In Asbestos-Related Damages After Default In 11 Cases Against International Companies

NEW BRUNSWICK, N.J. — (Mealey’s) A New Jersey judge on July 2 awarded $90.5 million in asbestos-related damages against Eternit successors Anova Holding AG and Becon AG after awarding default judgments against the international companies, sources told Mealey Publications ( Tuturice v. Anova...

Vandeventer Black LLP: Are All Damages Equal?

By Edward E. Nicholas III and Maggie D. Finnegan If liability is clear (that is, the breach of contract cannot be disputed), then it comes down to damages. How much may the plaintiff recover? All damages caused by the defendant’s breach? Not necessarily, because, to answer the question posed...

MDL Jury Awards $3.27 Million In 2nd Ethicon Pelvic Mesh Trial

CHARLESTON, W.Va. — (Mealey’s) A West Virginia federal jury on Sept. 5 returned a $3.27 million verdict in the second Ethicon Inc. multidistrict litigation pelvic mesh bellwether trial (Jo Huskey, et al. v. Ethicon, Inc., et al., No. 2:12-5201, S.D. W.Va.). After deliberating for less...

Texas Appeals Court Provides Roadmap For Punitive Damages Coverage

When it comes to the potential availability of coverage for punitive damages there is often more than meets the eye. First, the answer to the oft-asked question, whether punitive damages are insurable in such and such state, is many times provided by one word: yes or no. While one of those two answers...

Calculating Damages in Securities Class Action Lawsuits

Because securities class action lawsuits under Section 10 of the Securities Exchange Act of 1934 and Rule 10b-5 so rarely go to trial (a topic I addressed in a recent post, here ), questions about how damages are calculated are not often addressed directly. Section 28(a) of the ’34 Act specifies...

Ammonia Spill Constitutes "Direct Physical Loss or Damage" Under Property Insurance Policy, US District Court in NJ Finds

What constitutes "direct physical loss or damage" under a property insurance policy? Granting partial summary judgment to Newark, NJ-based Gregory Packaging in an insurance coverage dispute with Travelers, a U.S. District Court in the District of New Jersey has found that a discharge of ammonia...

California Appellate Court Upholds Replacement Cost Condition but Authorizes "Conditional Judgment" for Replacement Cost Benefits

By Samuel H. Ruby , Andrew B. Downs Recently, a California Court of Appeal upheld the standard condition that a policyholder must actually repair or replace in order to claim replacement cost value. However, the court held a policyholder could recover a "conditional judgment" for replacement...

Residential Homeowner Can Recover Costs of Repairs Even If Greater Than Fair Market Value of House

Until recently, owners of damaged homes in West Virginia had some limits on the amount of damages they could recover in a lawsuit. Now, the West Virginia Supreme Court of Appeals has significantly revised prior case law and expanded available damages in Brooks et al v. City of Huntington (No. 13-1083...

Utah Appellate Court Permits Plaintiff To Sue Herself

The Utah Third District Court, Salt Lake Department, recently considered the case of Bagley v. Bagley , 2015 UT App 33, 2015 Utah App. LEXIS 32 (Utah Ct. App. 2015) , where an heir and personal representative filed a survival and wrongful death lawsuit against herself as the driver who caused a motor...

No Diagnosis, No "Damages": Wisconsin's Construction Statute of Repose in Asbestos Cases

How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, [ enhanced version available to lexis.com subscribers ], in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10 years after...

West Virginia Supreme Court Announces Major Change to West Virginia Construction Law – Owners May Now Recover Damages In Excess of Costs to Repair

By Marc J. Felezzola , Associate, Babst, Calland, Clements and Zomnir, P.C. The West Virginia Supreme Court’s recent decision in the Brooks v. City of Huntington case overturned years of precedent regarding what a claimant may recover for property damage. Prior to the Brooks decision, the...

In A New York State Of Bind: Achieving Allocation Between Covered And Uncovered Claims [A First For New York?]

I have said this so, so many times. But given the huge importance of the issue, it is restated here. If you’ve read this before please forgive me. You have just written the greatest reservation of rights letter ever. If Felix Unger handled claims, this is what his letter would look like. If there...

Top 10 Case of 2015: Court Addresses Impact Of Punitive Damages On Bad Faith Failure To Settle

The Third Circuit’s decision in Wolfe v. Allstate Property & Casualty Company, No. 12-4450 (3d Cir. June 12, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], addresses a very interesting and important coverage issue and one where the existing...

How to Lose A Judgment by Taking an Assignment – Don’t Take Defendant’s Case Against His Insurer in Lieu of a Collectable Judgment

Greed often overrules common sense. When an insurer refuses to defend or indemnify its insured the plaintiff will take an agreed judgment against the defendant, then agree not to execute on the judgment in exchange for an assignment from the defendant of its right to sue the insurer. In so doing it takes...

CGL Policy Did Not Afford Coverage for an Underlying Construction Defect Action because the Alleged Property Damage Was Discovered after the Policy Period and the Total Residential Construction Exclusion Was Implicated

In Atain Speciality , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction defect action were not discovered until after...

New York State Jury Awards $11.6M In Medical Malpractice Action Against Radiologist

On Jan. 25, 2012, Kevin Orr arrived at the Emergency Department at Glens Falls Hospital, with a documented history of dizziness, headache, and inability to stand. A CT scan was ordered and read by radiologist James E. Bell, M.D., of Adirondack Radiology Associates, P.C. The CT scan allegedly showed that...

Lengthy Detention of American Citizen by ICE Yields Small Award: Watson v. USA

Watson v. USA, Feb. 25, 2016 - "This arcane case involves a combination of critical negligent factual errors by government officials and rare reversals in the interpretation of applicable substantive citizenship law. An American citizen was wrongly arrested and held as an alien for 1,273 days while...

Abused Filipino Visa Workers to Receive Over $15M in Damages

L.A. Times, May 13, 2016 - "The owners of the now-shuttered L’Amande French Bakery that operated in Beverly Hills and Torrance have been ordered to pay nearly $15.3 million in damages for exploiting 11 Filipino workers. U.S. District Judge Fernando Olguin on May 2 granted a default judgment...

Damages Representing an Animal's Sentimental Value Not Recoverable

On June 6, 2016, the Georgia Supreme Court issued an opinion concerning the proper measure of damages available to the owners of an animal injured or killed through the negligence of others. In 2012, Robert and Elizabeth Monyak boarded Lola, an 8 1/2 -year old dachshund mix, and a 13-year-old mixed...