Category Archive: Damages

Sep 16

Patent Feature Double Count Sinks Damages Calculation

Finjan, Inc. (‘Finjan”) vs. Sophos, Inc. (“Sophos”) is a patent infringement action involving 14 different claims related to six different patents for computer and network security technology.  Many patented products, particularly those involving technology, use more than one patent.  As described in this related article, a damage analyst in this situation will often need to …

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Permanent link to this article: http://betweenthenumbers.net/2016/09/patent-feature-double-count-sinks-damages-calculation/

Aug 21

Lochte Likely Loses Much More Than His Wallet in Olympics Debacle

After the last Olympics, Ryan Lochte enjoyed a nice run of endorsements deals, reportedly enjoying over $2 million from a host of well known brands.  However, after the highly publicized recent Olympic debacle in which he allegedly destroyed property and then claimed to have been robbed, it is likely that he will not enjoy a …

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Permanent link to this article: http://betweenthenumbers.net/2016/08/lochte-likely-loses-much-more-than-his-wallet-in-olympics-debacle/

Feb 02

HBO Executive Admits $1 Million Fake Vendor Fraud

A former talent relations executive at HBO has admitted to diverting nearly $1 million in production funds to a fake company she created.  The type of fraudulent billing scheme using a shell company can be accomplished with nothing more than a fictitious name and a payment destination.  In this case, the executive used the name …

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Permanent link to this article: http://betweenthenumbers.net/2016/02/hbo-executive-admits-1-million-fake-vendor-fraud/

Oct 19

Appeals Court Requires a Medical Expert to Prove Discomfort Causation

The San Antonio Court of Appeals recently affirmed summary judgment for Marathon Oil Corporation in their defense against a case brought by Michael and Myra Cerny.  The underlying litigation alleged that emissions from Marathon plants caused the Cernys various injuries and property damage. However, the Cernys presented no expert medical testimony on the causation of …

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Permanent link to this article: http://betweenthenumbers.net/2015/10/appeals-court-requires-a-medical-expert-to-prove-discomfort-causation/

Jul 14

Damage Award Aims to Curtail Future Transgressions

According to USA Today’s July 8, 2015 article, a woman was awarded a damages of $229,500 for being harassed by Time Warner Cable. The cable company solicited Araceli King with 153 robocalls despite her complaints and direct requests to cease and desist. Judge Alvin Hellerstein of the Manhattan federal court decided to triple the typical …

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Permanent link to this article: http://betweenthenumbers.net/2015/07/damage-award-aims-to-curtail-future-transgressions/

Mar 20

Costs Excluded From Prejudgment Interest Calculation In Personal Injury Award

Prejudgment interest is often applied to a personal injury award in an attempt to capture the lost value of the use of monies prior to the judgment date.  A recent case, Bean v. Pacific Coast Elevator Corporation (“Pacific Coast”), has addressed whether costs awarded to a plaintiff in addition to damages are also subject to prejudgment interest.  …

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Permanent link to this article: http://betweenthenumbers.net/2015/03/costs-excluded-from-prejudgment-interest-calculation-in-personal-injury-award/

Mar 02

Anti-poaching settlement approved at $425 million

U.S. District Judge Lucy H. Koh has blessed a $415 million settlement in the antitrust class action suit against Apple Inc., Google Inc. and others.  The defendants were accused of illegally agreeing not to poach each other’s software engineers.  A prior settlement deal at $325 million was rejected by the Court as insufficient.

Permanent link to this article: http://betweenthenumbers.net/2015/03/anti-poaching-settlement-approved-at-425-million/

Jan 14

Don’t Leave a Hole in Your Damages Timeline

The difficulty when calculating damages caused by production cutoffs was aptly demonstrated in TransPerfect Global, Inc. (“TransPerfect”) v. MotionPoint (“MotionPoint Corporation”), a recent case involving language translation patents. The fact that the jury award did not clearly describe the damage measurement adopted or period covered likely left significant damages on the table. During discovery, MotionPoint …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/dont-leave-a-hole-in-your-damages-timeline/

Jan 07

Specialized Judges to Handle Complex Business / Commercial and Construction Litigation

Effective Jan. 1, 2015, the NJ Judiciary will be utilizing a Complex Business Litigation Program to address complex business, commercial and construction cases with damage calculations exceeding $200,000.  Cases with smaller damage calculations may otherwise qualify based on the complexity of legal or factual issues a large number of parties complex discovery issues, including large volumes of documents …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/specialized-judges-to-handle-complex-business-commercial-and-construction-litigation/

Aug 29

Three Strikes, Damages Out in Recent CA Class Certification

Jones v. ConAgra Foods, Inc. is a recent case that demonstrates the damages-based hurdles to obtaining class certification.  Despite Plaintiff’s presentation of three different damages models (“full refund,” “price premium,” and “regression”), Judge Charles R. Breyer concluded each failed to demonstrate class-wide damages. Because of this failure, Judge Breyer denied class certification. The case involved …

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Permanent link to this article: http://betweenthenumbers.net/2014/08/three-strikes-damages-out-in-recent-ca-class-certification/

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