There may be a perception among some forensic economists that the time horizon for future damages in employment discrimination cases is the period the plaintiff would have remained employed with the defendant employer but for the discrimination. While the discrimination acts and interpretive case law concerning damages are nuanced as a result of the rather archaic distinction between equitable and legal remedies, it is clear that the law recognizes that discriminatory acts may injure an individual's earning capacity. Therefore, the law allows for the equitable relief of front pay and the distinct legal remedy of compensatory damages in the form of future lost earnings. While the former contemplates employment with a specific employer (i.e., the defendant), the latter does not.
Introduction. II. Recent Supreme Court Jurisprudence On . III. Disaggregating The Jurisprudence Of . A. Causes of Action. B. Relationships. C. Goals. D. Damages. E. Scope. F. Nature of Conduct. G. Type of Class Action. IV. Possible Reaggregation Scenarios For A Punitive Damages Class Action. V. Propensity for a Global View of Similarly Situated Cases. VI. Economic Rationale For "Punitive Damages". VII. Assessing Societal Harm. VIII. Modeling Methodology. IX. Estimation Methodologies In Bankruptcy. X. Allocation Of Resources. XI. Distribution Of Resources. XII. Conclusion.
Introduction. I. History. A. Civil Law. B. Common Law. C. Louisiana Law. II. Louisiana's Punitive Damages Articles. A. Louisiana Civil Code Article 2315.4: Intoxicated Drivers. 1. The Purpose of Article 2315.4. 2. Burden of Proof. a. Intoxication. b. Cause in Fact. c. Wanton and Reckless Conduct. d. While Operating a Motor Vehicle. 3. Whether to Award Exemplary Damages. 4. Amount of the Award. 5. Appellate Review--State Standard. 6. Appellate Review--Federal Due Process. 7. Vicarious Liability. 8. Insurance Coverage. B. Louisiana Civil Code Article 2315.7: Criminal Sexual Activity. C. Louisiana Revised Statutes Section 15:1312: Interception, Disclosure, or Use of Wire or Oral Communication. D. Louisiana Revised Statute Section 9:2800.76: Sale, Distribution, or Marketing of Illegal Contr...
Introduction. II. Background: Five Conceptual And Analytical Tools. A. The Seaman's Trilogy. B. The Distinction Between Compensatory and Punitive Damages. C. The Distinction Between Pecuniary Compensatory Damages and Non-Pecuniary Compensatory Damages. D. The Two Types of Fatal-Injury Litigation. E. The Distinction Between Causes of Action and Remedies. III. A Short Version Of The Maritime Punitive Damages Story. IV. An Analysis Of Miles. A. The Holdings and Reasoning of Miles. 1. Facts and Holding: Punitive Damages Were Not at Stake. 2. The Plaintiff's Two Causes of Action. 3. The Plaintiff's Two Fatal-Injury Remedies. B. Refuting the Revisionist Version of Miles. 1. Punitive Damages Are Easily Characterized as Pecuniary. 2. Miles Does Not Rule Out All Non-Pecuniary Damages For Seam...
In this article, the authors show how statistical analysis of the response of both share prices and investor expectations to new information can be used to improve the estimation of damages in shareholder litigation. Perhaps more controversially, they argue that the standard event study is much more limited than is commonly accepted in estimating Rule 10b-5 damages. A second complication is that many shareholder class action complaints allege a pattern of recurring misrepresentations extending over a number of financial reporting periods. In part II, they show how experts have attempted to deal with these problems in the context of relying on an event study of corrective disclosures. Often, there comes a point in the analysis where arbitrary allocations are made. This is followed by par...
Document: Read the claim here (.pdf document) POMONA -- Family members of a 26-year-old Pomona resident who died in an Oct. 16 officer-involved shooting have filed a claim against the city seeking .
Minimizing damages in a commercial loss case requires three core competencies, the last of which can be stated as a contingency: 1. knowledge of the permissible measures of damages in the applicable jurisdiction, 2. knowledge of financial terms, and 3. knowledge of how to read and dissect financial documents to identify the basis and flaws in the sums asserted as damages. But, failing the third competency, minimizing damages then requires knowledge of and access to experts who can assist in the dissection of financial documents. This article addresses commonly asserted damages in commercial litigation and offers strategies for preparing and arguing defenses to various types of damages. A brief discussion regarding insurance exclusions and how those exclusions interface with damages clai...
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