Important Recent Court Decisions
To keep you informed about most important recent court decisions, we are posting information about them on our website. Please, browse to the page of your interest by choosing from the links below.
Prohibition on Resale Price Maintenance Stuck Down
In Leegin Creative Leather Products, Inc. v. PSKS, Inc. DBA Kays Kloset … KaysShoes, The U.S. Supreme Court stuck down an antitrust rule that made resale price maintenance requirements by manufacturers and distributors illegal…
Awards on Non-Physical Injuries are Taxable
Marrita Murphy and Daniel J. Leveille, appellants v. Internal Revenue Service and the United States of America, Appellees On July 3, 2007 a federal appeals court ruled that awards for non-physical “injuries” could be subject to taxation…
Punitive Damages: Only Specific, Not General, Deterrence for Punitive Damages Plus Defendant’s Financial Condition at the Time of the Injury Not Just the Trial Can be Considered
March 28, 2008. In Tarr v Bob Ciasulli, Mack Auto Mall the New Jersey Supreme Court ruled that a jury cannot consider general deterrence, deterrence against those other than the defendant, and can only craft an award based upon specific deterrence which focuses only the…
Federal: US Supreme Court Reduces Exxon Valdez Punitive Award
In June 2008 the US Supreme Court reduced the $2.5 billion punitive damages award, stemming from the 1989 environmental disaster caused by the oil spill released by the 1,000 foot tanker Exxon Valdez, to $500 million. While the court agreed that punitive damages could be collected, Justice Davi…
New York Court of Appeals ruled a no consequential damages clause in a distribution agreement did not prevent a distributor from pursuing lost profits damages
In March 2014 the New York Court of Appeals ruled a no consequential damages clause in a distribution agreement did not prevent a distributor from pursuing lost profits damages. The case was Biotronik v Conor Medsystems Ireland Ltd. In 2004 Biotronik had reached a…