Damages

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Term Talk: F.D.A. v. R.J. Reynolds; Diamond Alternative v. E.P.A.; Royal Canin v. Wullschleger

Erwin Chemerinsky, Evan Lee, Elizabeth C. Wiggins

December 4, 2025

Federal Jurisdiction. Standing. Legal experts discuss the Supreme Court's broadening of the zone of interest for standing in F.D.A. v R.J. Reynolds Vapor Co. and how predictable downstream economic harm can confer standing on non-regulated parties in Diamond Alternative Energy v. E.P.A. In their analysis of Royal Canin U.S.A. v. Wullschleger, they discuss how the Supreme Court resolved a circuit split by deciding that the removal of federal claims terminates federal supplemental jurisdiction.

Opinion Denying Default Solatium Damages to Non-Immediate Family Members

George B. Daniels

May 29, 2025

Opinion, In re Terrorist Attacks on September 11, 2001, No. 1:03-md-1570 (S.D.N.Y. May 29, 2025), D.E. 10989.

Term Talk: Chiaverini v. City of Napoleon

Laurie Levenson, Evan Lee, Francesca Wiilliams

November 21, 2024

Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim.

Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.

Tara L. Grove, Melissa Jacoby, Elizabeth C. Wiggins

November 21, 2024

Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons, and to reject non-consensual third release in Purdue Pharma.

Report and Recommendation on Solatium for Non-Immediate Family Members

Sarah Netburn

December 19, 2019

Report and Recommendation, In re Terrorist Attacks on September 11, 2001, No. 1:03-md-1570 (S.D.N.Y. Dec. 19, 2019), D.E. 5387.

Compensatory Damages Issues in Patent Infringement Cases, Second Edition

William ("Bill") C. Rooklidge, Martha K. Gooding, Philip Johnson, Noreen Krall

August 2, 2017

This guide focuses on case-management practices that may be helpful to the courts in the adjudication of patent infringement damages. It reflects the current state of the law and the courts' evolving case-management efforts.

Securities Litigation

Jayme J. Herschkopf

June 28, 2017

This guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions.

Case Commentary: Lozano v. Montoya Alvarez, 134 S. Ct. 1224 (2014)

James D. Garbolino

March 5, 2016

Equitable Tolling | Return Despite Article 12 Defense | Delay | Settlement

Consumer Bankruptcy Law: Chapters 7 & 13

William H. Brown

December 31, 2014

This publication has been superseded by a second edition: Consumer Bankruptcy Law: Chapters 7 & 13, Second Edition.

Compensatory Damages Issues in Patent Infringement Cases: A Pocket Guide for Federal District Court Judges [Superseded]

Mallun Yen, Martha K. Gooding, Philip Johnson, William ("Bill") C. Rooklidge

January 1, 2011

A guide for trial judges to consult when deciding issues of compensatory damages in patent infringement cases, prepared by a national committee of experts from the bench, bar, in-house counsel, and academia formed at the request of the chief judge of the U.S.

Federal Judicial Center

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