damages

Miami-Dade County Enacts New Wage Theft Law

March 11, 2010 19:13

The County of Miami-Dade in Florida recently enacted a "Wage Theft " ordinance which makes it a crime for an employer to "fail to pay any portion of wages due to an employee, according to the wage rate applicable to that employee, within a reasonable time from the date on which that...

Think Before You Sue For Infringement of Marketing Materials

March 10, 2010 01:52

Copyright can be a effective tool for preventing competitors from copying a business’ marketing materials. Before asserting a copyright infringement claim, however, one should thoroughly understand the limits of what can be achieved in litigation, and the possible costs. Each year, when...

Emotional Distress Damages: Tied to the Interest Protected by the Attorney-Client Relationship

March 05, 2010 05:00

Kohn v. Schiappa, 281 N.J. Super. 235 (1995) NJ Underlying Adoption Action Student Contributor: Daniel Schick Facts: Plaintiffs retained counsel to assist them in adopting a child. Defendant's alleged malpractice arose from serving the adoption complaint on the birth parents, thereby erroneously...

Ad Damnum Clauses in Virginia - Plaintiff's Cap on the Recovery Amount

March 04, 2010 17:37

The Virginia Supreme Court issued an order recently, reaffirming the rule that ad damnum clauses set the cap on the amount a plaintiff can recover in Virginia state courts. An ad damnum clause is part of the initial complaint which provides the amount in dollars that the plaintiff asks the court...

Establishing Damages with Reasonable Certainty: An Element of Proximate Cause

March 04, 2010 05:00

Boyer v. Walker, 714 A.2d 458 (Pa. Super. Ct. 1998) PA Underlying Commercial Action Student Contributor: John Anzalone Facts: Plaintiffs became junior lean holders when they issued a mortgage to property owners who had outstanding prior mortgages, including two held by a bank. Upon default by...