DOWN IN THE TRENCHES

RothLawAppeals, Lawsuits

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but not “necessarily.”  If you think that is a fine line, you are right.  Yet the difference is critical.  General damages are implied by the cause of action (breach of contract, negligence, etc.), but special … Read More

APPLE VS SAMSUNG – IT’S NOT OVER

RothLawAppeals, News

One would think that a U.S. Supreme Court decision puts finality to a legal battle, even one between two giants of the business world.  But that will not be the case this week. The Supreme Court opinion in the ongoing battle Apple and Samsung starts, in essence, with a deceptively simple question – nearly a silly one: what is a … Read More

DAMAGES ON TOP OF DAMAGES

RothLawAppeals

The Washington Post, among many other outlets, reported that former wrestler and Minnesota Governor Jesse Ventura won his lawsuit against Chris Kyle, the American Sniper whose life and book was immortalized by Hollywood.  (Mr. Ventura started his lawsuit before Kyle’s death, and later maintained it against his estate.) The Post reports that the more than $1.8 million in damages include … Read More

“CIVIL THEFT”

RothLawAppeals, Business Services, LawsuitsLeave a Comment

A Florida law called “civil theft” (also adopted in many other states) provides that if someone steals from you, you can recover in civil court for triple the value plus attorneys’ fees.  Because the law is so powerful, it is a favorite of plaintiffs’ attorneys. And make no mistake, it is powerful indeed.  For example, a physical object needs not … Read More

LAW MATH

RothLawAppeals, Lawsuits

Between plaintiffs who think their case is worth more than the law contemplates, and  defendants who believe exactly the opposite, the measure of damages is often a thorny topic.  This is perhaps most true in employment cases, where the alleged wrongful termination will be based on discrimination or retaliation and emotions run high. The first thing to keep in mind … Read More