Category: Damages

Disgorgement Returned As A Monetary Remedy In Delaware Cases

Although the case at issue involves insider trading, the limitations involving disgorgement as a monetary remedy could be applied to many other circumstances. The Delaware Supreme Court took little time in reversing a lower court decision that could have had widespread effects. Thus, Delaware law on this point returns to a classic election of remedies …

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House passes patent changes without altering damages in litigation

On June 23, 2011, the House of Representatives approved the renamed Leahy–Smith America Invents Act (H.R. 1249) by a bipartisan vote of 304-117. In March, the Senate passed S. 23, “The America Invents Act,” with larger bipartisan approval. Although there are differences between the House and Senate versions, I suspect that these differences will be …

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How Many Clowns Can You Fit In A Clown Car?

I am sure everyone has seen this before – a lot of clowns coming out of a really small car.  It is the oldest and most requested clown gag ever.  However, there is no trick to the clown-car gag.  Contrary to most people’s speculation, there are no trap doors in stadium floors, and the cars …

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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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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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