Jul 06
Based on the sheer volume of headlines in the media, one might think that this lost earnings claim either has some extraordinary circumstances and/or involves a celebrity. However, it appears that neither of those are true. From a legal and economic damages standpoint, the alleged wrongful termination and gender discrimination claims are routine. So, why …
Permanent link to this article: https://betweenthenumbers.net/2013/07/lost-earnings-claim-getting-way-more-press-than-it-deserves/
Jun 20
The 2008 Supreme Court ruling in Riegel v. Medtronic held that if a medical device passed the Food and Drug Administration’s (FDA’s) safety review and received premarket approval, federal law barred common-law state claims that challenge the device’s saftey and effectiveness or whether it was being marketed consistent with FDA premarket approval. Since this ruling, some …
Permanent link to this article: https://betweenthenumbers.net/2013/06/medical-device-manufacturers-may-be-fighting-more-personal-injury-lawsuits-in-the-near-future/
Jun 17
Many states have laws requiring patients to file medical malpractice claims by a defined time period. If the patient misses the defined time period, he/she may see the claim quickly tossed. However, a recent Wyoming Supreme Court reversed a malpractice ruling citing that the District Court Judge wrongly ruled that plaintiff failed to timely file …
Permanent link to this article: https://betweenthenumbers.net/2013/06/statute-of-limitations-interpretation-on-filing-a-medical-malpractice-suit-may-vary-even-within-states/
Jun 15
The Federal Circuit affirmed a $391 million damage award in Versata Software, Inc. v. SAPAmerica, Inc., No. 2012-1029, -1049 (Fed. Cir. May 1, 2013). In reviewing the damage portion of the ruling, one cannot help but wonder about the damages calculation strategy that the defendant employed. The Federal Circuit summarized the parties and the infringement …
Permanent link to this article: https://betweenthenumbers.net/2013/06/federal-circuit-leaves-large-damage-award-stand/
Jun 08
The Federal Circuit in re: Douglas Dynamics, LLC v. Buyers Product Company (Fed. Cir. May 21, 2013) provides reminders of how reasonable royalty damages must be calculated, and then remanded the damages verdict for retrial. The Federal Circuit succinctly summarized the parties and their products as follows: “Douglas and Buyers both manufacture snowplow assemblies for …
Permanent link to this article: https://betweenthenumbers.net/2013/06/federal-circuit-reiterates-reasonable-royalty-principles/
May 23
A recent ruling in a New Jersey federal court will no doubt serve as a warning for litigants who decline to employ the services of an expert to establish reasonable royalties. In the matter of Unicom Monitoring, LLC (“Plaintiff”)v. Cencom, Inc. et al (Civil Action No. 06-1166 (MLC)), U.S. District Judge Mary L. Cooper granted …
Permanent link to this article: https://betweenthenumbers.net/2013/05/no-expert-leads-to-no-damages/
May 06
In this day and age, technology is surrounding us everywhere and being used by everyone from kids to seniors. Technology is now being used on airplanes as well to communicate with flight attendants. ABC News, along with other sources, reports that a passenger recently refused to use new airline technology on a Virgin America flight …
Permanent link to this article: https://betweenthenumbers.net/2013/05/500k-in-damages-claimed-from-refusal-to-use-technology-fallout/
Apr 16
There have been a number of cases in recent years regarding damages allegedly caused by negative online reviews. A dentist in New York is currently the target of a class action lawsuit regarding efforts to head off such issues. Stacy Makhnevich, DDS, allegedly had patients sign a form prior to treatment that they would not denigrate …
Permanent link to this article: https://betweenthenumbers.net/2013/04/dentists-pre-treatment-non-disclosure-agreement-leads-to-class-action-lawsuit/
Mar 21
Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts. Independent damages experts are often employed to calculate lost compensation because of their unique background/skill set. However, the desire to minimize costs means that these experts are often employed after settlement efforts …
Permanent link to this article: https://betweenthenumbers.net/2013/03/lost-compensation-settlement-tool-allows-you-to-assess-economic-damages-accurately-and-efficiently/
Mar 14
The Seventh Circuit decided Espenscheid vs. DirectSat, Inc., (No. 12-1943, February 4, 2013), upholding the district court’s decision to not certify a class of employees containing wage and hour law violations. The ruling is notable as class certification was denied because the class members had different amounts of claimed work that had not been properly …
Permanent link to this article: https://betweenthenumbers.net/2013/03/seventh-circuit-bars-class-certification-because-of-damages/
