Category: Damages

Tinder Age Discrimination Suit

Tinder will provide an estimated $17.3 million in subscription features and cash to settle an age discrimination suit which claims the company overcharged its older generation of dating app users. Tinder’s policy of charging an extra $10 per month to its Tinder Plus users over the age of 30 has been called a  violation of …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/tinder-age-discrimination-suit/

Happy Tax Alleges False Advertising Claim Against H&R Block

Happy Tax is a smaller, lesser known competitor to H&R Block, one of the leaders in the tax preparation industry.  Happy Tax alleges that H&R Block misleads the public by advertising its upfront and transparent pricing plan is available “only from H&R Block.” Happy Tax contends this pricing strategy was Happy Tax’ innovation, and that it …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/happy-tax-alleges-false-advertising-claim-against-hr-block/

When Litigation Proceeds Are Taxable

Economic damages should return a plaintiff to the position they would have been in “but for” the underlying improper act[s] by the defendant.  They should not provide a windfall to plaintiff.  In a similar vein, whether such damages are taxable is generally related to how the proceeds would have been treated if obtained in the …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/when-litigation-proceeds-are-taxable/

Rihanna sues her father over use of their shared name

Although many people know her simply as Rihanna, the worldwide superstar’s full name is Robyn Rihanna Fenty. Rihanna has trademarked the name “Fenty” and used it for various branded ventures, most notably her successful beauty line Fenty Beauty.  Certainly the name has value and is worth protecting.   As reported by TMZ, Rihanna is currently endeavoring to …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/rihanna-sues-her-father-over-use-of-their-shared-name/

Defend Trade Secrets Act Provides Federal Protection from Misappropriation

Defend Trade Secrets Act “DTSA” now provides federal protection against and remedies for trade secret misappropriation that previously existed via the state courts.  DTSA defines a  trade secret as: “All forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, …

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Permanent link to this article: https://betweenthenumbers.net/2019/01/defend-trade-secrets-act-protects-against-misappropriation/

NFL Player Claims Lost Earnings of $180 Million

It has been reported that Sharrif Floyd, a former Minnesota Vikings defensive tackle, will sue the notable surgeon who he claims prematurely ended his NFL career.  Floyd is claiming damages of $180 million, an amount described as his lost future earnings in the NFL. Many have questioned the reasonableness of the reported claim.  While NFL …

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Permanent link to this article: https://betweenthenumbers.net/2018/11/nfl-player-claims-lost-earnings-of-180-million/

SEC Charges San Diego Duo in Alleged Ponzi Scheme

The Securities and Exchange Commission (“SEC”) charged Jonny Ngo, Donato “Mick” Baca, Jr., and NL Technology, LLC with defrauding hundreds of investors by running a Ponzi scheme. A Ponzi scheme is a type of investment fraud that sustains itself by paying claimed returns to existing investors with fresh money from new investors, while also enriching …

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Permanent link to this article: https://betweenthenumbers.net/2018/10/sec-charges-san-diego-duo-in-alleged-ponzi-scheme/

Check Amounts Can Differ Substantially from Class Action Settlements Per Claim

The reported value per claim in a class action settlement can differ significantly from the actual check a class member receives.  Both StarKist and Trader Joe’s have faced class action lawsuits involving damages for allegedly under-filled cans of tuna.  Both defendants settled for cash amounts in the range of $25-29 per claim (although StarKist also …

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Permanent link to this article: https://betweenthenumbers.net/2018/09/check-amounts-can-differ-substantially-from-class-action-settlements-per-claim/

Valuing Higher Education in Lost Income Claims

A typical lost earnings analysis endeavors to value the personal income that was lost due to injury or loss of employment opportunities.  This is more challenging when income is not yet established, e.g. when the injured Plaintiff has yet to enter the workforce or there is evidence that the Plaintiff would have otherwise altered their …

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Permanent link to this article: https://betweenthenumbers.net/2018/09/valuing-higher-education-in-lost-income-claims/

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: https://betweenthenumbers.net/2016/09/patent-feature-double-count-sinks-damages-calculation/