At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must usually show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages.
Kazaa Media Desktop started as a peer-to-peer file sharing application using the FastTrack protocol licensed by Joltid Ltd. and operated as Kazaa by Sharman Networks. Kazaa was subsequently under license as a legal music subscription service by Atrinsic, Inc. According to one of its creators, Jaan Tallinn, Kazaa is pronounced ka-ZAH.
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
Phoenix is an unincorporated community located in Baltimore County in the State of Maryland in the United States of America. It is located at latitude 39°30'59" North, longitude 76°36'59" West. The United States Postal Service has assigned Phoenix the ZIP code 21131.
The Virginia General District Court (GDC) is the lowest level of the Virginia court system, and is the court that most Virginians have contact with. The jurisdiction of the GDC is generally limited to traffic cases and other misdemeanors, civil cases involving amounts of under $25,000. There are 32 GDC districts, each having at least one judge, and each having a clerk of the court and a courthouse with courtroom facilities.
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.
BP America Production Co. v. Burton, 549 U.S. 84 (2006), was a United States Supreme Court case about whether a statute of limitations on government actions for contract claims applies to actions by a federal administrative agency to recover royalties on federal oil and gas leases. After two members recused themselves, the court ruled unanimously that it does not apply, in an opinion by Justice Samuel Alito.
Capitol Records, Inc. v. Thomas-Rasset was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. The defendant, Jammie Thomas-Rasset, was found liable to the plaintiff record company for making 24 songs available to the public for free on the Kazaa file sharing service and ordered to pay $220,000.
Commissioner v. Banks, 543 U.S. 426 (2005), together with Commissioner v. Banaitis, was a case decided before the Supreme Court of the United States, dealing with the issue of whether the portion of a money judgment or settlement paid to a taxpayer's attorney under a contingent-fee agreement is income to the taxpayer for federal income tax purposes. The Supreme Court held when a taxpayer's recovery constitutes income, the taxpayer's income includes the portion of the recovery paid to the attorney as a contingent fee. Employment cases are an exception to this Supreme Court ruling because of the Civil Rights Tax Relief in the American Jobs Creation Act of 2004. The Civil Rights Tax Relief amended Internal Revenue Code § 62(a) to permit taxpayers to subtract attorney’s fees from gross income in arriving at adjusted gross income.
In the United States, a valid patent provides its proprietor with the right to exclude others from practicing the invention claimed in that patent. A person who practices that invention without the permission of the patent holder infringes that patent.
Kivalina v. ExxonMobil Corp., No. 4:08-cv-01138, is a lawsuit filed on February 26, 2008, in a United States district court. The suit, based on the common law theory of nuisance, claims monetary damages from the energy industry for the destruction of Kivalina, Alaska by flooding caused by climate change. The damage estimates made by the U.S. Army Corps of Engineers and the Government Accountability Office are placed between $95 million and $400 million. This lawsuit is an example of greenhouse gas emission liability.
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all felony charges and for misdemeanors originally charged there. The Circuit Courts also have appellate jurisdiction for any case from the Virginia General District Courts claiming more than $50, which are tried de novo in the Circuit Courts.
Cooper v Wakley (1828) 172 ER 507 is an English tort law case, concerning the libel by the editor of The Lancet.
Alpha Natural Resources was a large American producer of metallurgical coal for the industrial production of steel and iron and low-sulfur thermal coal to fuel steam boilers for the production of electrical power. In November, 2018 the company was acquired by Contura Energy. The company also provides industry services relating to equipment repairs, road construction and logistics, with domestic operations and coal reserves within the states of Virginia, West Virginia, Kentucky, Wyoming, Utah, Illinois, Tennessee, and Pennsylvania. Alpha Natural Resources does not produce all of the coal it sells; much of the coal sold by Alpha Natural Resources is purchased from independent mining operations and then resold in the worldwide market.
Arista Records LLC v. Lime Group LLC, 715 F. Supp. 2d 481, is a United States district court case in which the Southern District of New York held that Lime Group LLC, the defendant, induced copyright infringement with its peer-to-peer file sharing software, LimeWire. The court issued a permanent injunction to shut it down. The lawsuit is a part of a larger campaign against piracy by the Recording Industry Association of America (RIAA).
The Jacksonville, Maryland, ExxonMobil gas leak case is a series of lawsuits against ExxonMobil as a result of a February 2006 underground gasoline leak from an ExxonMobil service station in Jacksonville, Maryland.
Ajaxo Inc. v. E*Trade Financial Corp., 187 Cal.App.4th 1295 (2010), is the second appeal on a dispute dated back to 1999. During the original 2000 case, defendant E*Trade, an online financial services company, was found liable for maliciously and willfully misappropriating trade secrets pertaining to wireless stock trading technology acquired from the plaintiff, Ajaxo. Under the Uniform Trade Secrets Act E*Trade was required under a mutually signed Non-disclosure agreement (NDA) to keep Ajaxo's trade secrets confidential. After a jury trial in 2003, E*Trade was fined $1.3 million to be paid to Ajaxo for the misappropriation and breach of NDA. The court denied Ajaxo's request for additional damages. All parties appealed. In 2005 the California courts of appeal affirmed the original ruling but remanded the case back to the trial court to determine additional damages. A jury verdict in 2008 rejected claims raised and demands for royalty damages from Ajaxo. In trade secret cases it is common for a plaintiff to seek royalty damages when they are unable to show an actual loss or that the defendant received some inequitable benefit from the misappropriation. In this case the court refused to allow evidence of royalty damages, claiming there were no net damages. Ajaxo appealed. In 2010 the California courts of appeal once again remanded the case back to the trial court reasoning that in such cases an exact quantitative measure of wrongful enrichment damages incurred by the plaintiff might not be sufficient to reject the claim of reasonable royalties based damages
Zenith Radio Corp. v. Hazeltine Research, Inc. is the caption of several United States Supreme Court patent–related decisions, the most significant of which is a 1969 patent–antitrust and patent–misuse decision concerning the levying of patent royalties on unpatented products.
