Category: Damages

Perhaps $2 Billion Owed Under Music Contracts

In monetary terms, the biggest decision made by the Supreme Court in the current session is a case that they decided NOT to take. On March 21, 2011, the Supreme Court denied certiorari of a Ninth Circuit ruling made on September 3, 2010 in re: F.B.T. Productions vs. Aftermath Records. Absent a settlement, the case …

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Huge Patent Damage Award Reversed

In an April 2011 ruling, a federal judge in Tyler, Texas, threw out a $625 million jury award against Apple.  In the October 2010 trial, a jury decided that Apple infringed three patents owned by Mirror Worlds.  The patents involve certain document display technologies used in Apple’s Time Machine, Spotlight and Cover Flow.  These features …

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It's Good to be Under 40…

Here is the picture that Resorts Casino Hotel in Atlantic City (photo provided by Resorts) provides for what they expect of their cocktail waitresses.  Unless you look like this, don’t bother applying for their cocktail server position.  And, unless, you look like this, you might not be able to keep the cocktail waitress job that you already have.  Consequently, the Resorts Casino Hotel …

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Permanent link to this article: http://betweenthenumbers.net/2011/04/its-good-to-be-under-40-2/

It’s Good to be Under 40…

Here is the picture that Resorts Casino Hotel in Atlantic City (photo provided by Resorts) provides for what they expect of their cocktail waitresses.  Unless you look like this, don’t bother applying for their cocktail server position.  And, unless, you look like this, you might not be able to keep the cocktail waitress job that you already have.  Consequently, the Resorts Casino Hotel …

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Permanent link to this article: http://betweenthenumbers.net/2011/04/its-good-to-be-under-40/

Ninth Circuit Supports Lone Pine Orders Without Restrictions

A Lone Pine order is a case management device in which the judge requires the plaintiff to make a prima facie showing of injury, causation, and/or damages. Its purpose is to simplify or eliminate cases to lessen the burdens on the courts and defendants. In a Lone Star order, plaintiffs are required to show an …

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Permanent link to this article: http://betweenthenumbers.net/2011/03/ninth-circuit-supports-lone-pine-orders-without-restrictions/

Detest Your Boss? Call the Government

As part of the Obama administration’s “Middle Class Task Force Initiative”, the Department of Labor’s Wage and Hour Division (WHD) recently teamed up with the American Bar Association (ABA) to help plaintiffs obtain legal counsel for claims under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).  Under this new …

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Permanent link to this article: http://betweenthenumbers.net/2011/02/detest-your-boss-call-the-government/

Michael Vick and the Duration of Reputational Damage

It wasn’t long ago that Michael Vick was the highest paid player in the NFL and was frequently tapped for high profile endorsement deals with companies such as Nike, Coca-Cola, Kraft and Hasbro.  But when news of his dog fighting activities surfaced, the endorsement deals came to a grinding halt.  A prison sentence and a bankruptcy …

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Bear Stearns’ Defendants and Deloitte Face Significant Exposure

In a nearly 400-page opinion in January, a Manhattan federal judge (Robert Sweet) denied motions to dismiss a securities class action against Bear Stearns, Deloitte & Touche, and seven individual defendants.  As one might imagine from its length, the Court thoroughly addresses the allegations, and rebutted the defendants’ reasons for dismissal.   Here is a background …

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Royalty Rule of Thumb Gets the Boot

The Federal Circuit ruled in Uniloc USA, Inc. v. Microsoft Corp. (January 4, 2011) that the widely used but fatally flawed 25 percent rule can no longer be part of reasonable royalty damages calculations. The rule has been widely used to calculate reasonable royalty damages for over two decades. Generally speaking, the rule pushed patent …

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