On December 10, Jammie Thomas-Rasset filed a petition for a writ certiorari with the U.S. Supreme Court (meaning that she seeks review of an intermediate appellate court’s ruling against her) asking to have a jury verdict reduced on the grounds that the award is excessive and violates her due process rights. Thomas-Rasset shared 24 songs […]

Particularly given the fact that attorneys’ fees often eat into plaintiff’s recoveries, it is a bitter pill when a plaintiff wins on liability but is awarded a fraction of its damages. Such was the case in Hyundai Motor Finance Co. v. McKay (below) in which the Arkansas jury agreed that defendant McKay breached its financing […]

In a variant of the classic game show, Let’s Make a Deal, after a jury returned a $100,000 verdict for plaintiff, Judge Ericksen gave plaintiff the choice between a reduced verdict (“remittitur”) of $50,000 or another jury trial on the issue of damages. Plaintiff opted for “Jury #2” and the jury came back with damages […]

Some lawyers and clients over-focus on the liability aspect of cases and they short-change the damages side. Almost all civil litigation is about money — it’s ultimately about the damages — but liability — “who’s at fault?” — is more graspable and sometimes it is the better handled part of litigation. In U.S. Salt, Inc. […]

Bores v. Domino’s Pizza, LLC, Civ. No. 05-2498 (RHK/JSM) (D. Minn. 10/27/2008)RICHARD H. KYLE, United States District Judge Franchisees brought a breach of contract action against Domino’s Pizza. It appears they lost on summary judgment, which Domino’s, though the victor, appealed and, at the Eighth Circuit, the Appeals Court held that Domino’s motion to dismiss […]