Seventh Circuit Judge Richard Posner is one of the foremost legal scholars in the United States, particularly on economic matters. He has written numerous influential opinions and almost forty books on law and economics, teaches at the University of Chicago Law School, and is widely respected in the legal community. And two of his recent …
Category: Damages
Permanent link to this article: https://betweenthenumbers.net/2013/03/patent-infringement-damages-under-fire/
Mar 08
Another plaintiff patent damage expert gets excluded
In AVM Technologies vs. Intel Corporation, USDC for Delaware, case No. 10-610-RGA (February 21, 2013), Plaintiff’s damage expert witness was excluded entirely, thus gutting a case that the trial court acknowledged was otherwise worth $300 million or more. Recent patent cases emphasize the use of comparable licensees in determining a reasonable royalty, but have also …
Permanent link to this article: https://betweenthenumbers.net/2013/03/another-plaintiff-patent-damage-expert-gets-excluded/
Feb 26
Surgical “Never Events” Really do Happen
Many people that think they have suffered from medical malpractice fail to pursue and file a legal claim because of the challenges that lie ahead (e.g., legal fees, risk of the claim not succeeding, etc.). To be successful, a medical malpractice claim generally needs to prove that (i) the treating medical professional fell below the …
Permanent link to this article: https://betweenthenumbers.net/2013/02/surgical-never-events-really-do-happen/
Feb 21
Louboutin owns red on the bottom (unless its on top)
The ongoing battle known as Louboutin v. Yves Saint Laurent (“YSL”) has been decided, with the Second Circuit rejecting what had previously been thought of as a bright line rule that a single color cannot be a fashion trademark and recognizing the trademarked red sole associated with Louboutin. The decision is nuanced however, as the Court ultimately …
Permanent link to this article: https://betweenthenumbers.net/2013/02/louboutin-owns-red-on-the-bottom-but-not-on-the-top/
Feb 14
Student Claims C+ Cost Her $1.3 Million
The Morning Call reports that Megan Thode, a graduate student at Lehigh University in Bethlehem, Pennsylvania, claims that the C+ she was given in one of her classes caused her $1.3 million in damages. Thodes was in the College of Education pursing her master’s in counseling and human services. As part of the curriculum, Thode …
Permanent link to this article: https://betweenthenumbers.net/2013/02/student-claims-c-cost-her-1-3-million/
Jan 29
Personal Injury Lawsuits Against NFL Will Increase if Junior Seau’s Family is Successful
With the SuperBowl coming up next weekend and many players suffering from some sort of injury sustained during the season, the recent wrongful death lawsuit filed by the family of former pro football star Junior Seau may be getting more media coverage than usual. Junior Seau retired from pro football in 2010 and committed suicide …
Permanent link to this article: https://betweenthenumbers.net/2013/01/personal-injury-lawsuits-against-nfl-will-increase-if-junior-seaus-family-is-successful/
Jan 24
How much money would Hulk Hogan make for the rest of his life?
If Hulk Hogan successfully proves his medical malpractice lawsuit against the Laser Spine Institute, we should find out the answer. Mr. Terry Bollea (aka Hulk Hogan) recently filed a lawsuit which alleges, among other things, that the Laser Spine Clinic performed unnecessary surgeries on Hulk Hogan over an 18-month period. Hulk Hogan alleges these excessive …
Permanent link to this article: https://betweenthenumbers.net/2013/01/how-much-money-would-hulk-hogan-make-for-the-rest-of-his-life/
Jan 18
Court Finds That Man is Not Your “Typical” Skinnygirl
A New York judge has denied class certification in a lawsuit filed against Beam Global Spirits & Wine Inc., maker of the Skinnygirl Margarita. The accusation in the proposed class action suit is that the Skinnygirl Margarita is falsely advertised as being “all natural”. In order to qualify as a class, certain criteria must be …
Permanent link to this article: https://betweenthenumbers.net/2013/01/court-finds-that-this-man-is-not-your-typical-skinnygirl/
Jan 15
Sometimes it’s the reputation, not the money
When a nursing home faces alleged medical malpractice, it may often be the case that the individual lawsuit is not the biggest economic problem it faces. The Rainbow Beach Nursing Center in Chicago is currently defending itself against a wrongful death lawsuit. Two doctors caring for Sonia Eli at the nursing home each filled out …
Permanent link to this article: https://betweenthenumbers.net/2013/01/sometimes-its-the-reputation-not-the-money/
Jan 02
Twitter Activity Believed to Have Negatively Impacted Damage Award
Attorneys in a recent case related to injuries stemming from a car accident are blaming the reduced damage award on the plaintiff’s Twitter activity. In the case of Daniels vs. Atlanta Refrigeration, Ms. Daniels sought over $1 million, including about $800,000 for pain and suffering and $300,000 in diminished earning capacity and medical expenses related to a …
Permanent link to this article: https://betweenthenumbers.net/2013/01/twitter-activity-believed-to-have-negatively-impacted-damage-award/