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31 Jan, 2008 10:28 am
... a court orders that a new trial will take place unless the plaintiff consents to a reduction of the damages award. The Bullock court
outlines the usual use of a remittitur to cure an award that is flawed simply because it is just too ... where instructional error resulted in an excessive award and the amount of the
excess is ascertainable." Ultimately, on the particular facts of Bullock, the court concluded, "we cannot determine how the instructional error
that we have found affected the amount of ...
30 Jan, 2008 4:52 pm
... Clause forbids states from imposing punitive damages to punish a defendant for injury inflicted on nonparties. Contrary to the arguments of Bullock and her amici, Philip Morris was not required to include in its instruction a statement that the jury could ... accurately reflect the holding of
Williams. The court's criticism of the CACI instructions is notable because the author of the Bullock opinion, Justice Walter Croskey, is the
current chair of the Judicial Council's Advisory Committee on Civil ...
14 Apr, 2008 3:17 pm
For those of you following the ongoing saga of the $28 billion punitive damages award in Bullock v. Philip Morris (reduced to $28 million by
the trial court, affirmed on appeal, later vacated by the Supreme Court and remanded for reconsideration, and reversed ... for a new trial by the Court of Appeal after reconsideration),
you can view the latest California Supreme Court filings here: Philip Morris's reply in support of its petition for review Bullock's reply in
support of her petition for review
13 Mar, 2008 12:05 am
... a $28 million punitive damages award. Philip Morris is asking the Supreme Court to review the portions of the opinion that rejected Philip Morris' preemption argument and rejected
its request to expand the retrial beyond just the amount of punitive damages. For further posts on this case, see our original post about the Bullock opinion, our follow-up post about the impact of Bullock on the CACI punitive damages instructions, and our
follow-up post about the use of remittitur to cure legal error.
22 Apr, 2008 2:34 pm
... a marked lane when her car struck the SUV carrying movie star Sandra Bullock has pled not guilty. Lucile P. Gatchell entered her not guilty
... without bail. No one was injured in the Massachusetts car accident, which occurred on Friday. Bullock had just finished filming a scene
from her latest movie "The Proposal" in Rockport before ... pleads not guilty to drunken driving in accident with Sandra Bullock, Boston.com,
April 22, 2008 Actress Bullock unharmed in Gloucester car crash, Boston.com, April 19, ...
8 Aug, 2008 8:40 pm
... about Austin, I haven't been fazed. But just about every lawyer in town knows the story about how Sandra Bullock's "dream house" had to be
torn down (allegedly) because of defective workmanship. Bullock and the general contractor got ... the GC's claims against several
subcontractors who worked on the project. In a single opinion deciding seven cases severed from the original Bullock matter, the appellate
court affirmed the trial court's orders dismissing them in part and ultimately disposing of ...
30 Oct 3:27 pm
... Bhd, Carsem Semiconductor Sdn Bhd, and Carsem, Inc. According to the notice, ALJ Bullock reaffirmed in the Supplemental ID that (1) there
was a violation of Section 337 in connection with U.S. ... U.S. Patent No. 6,455,356 (the '356 patent). Additionally, ALJ Bullock determined in
the Supplemental ID that (1) certain claims of the '277 patent are not invalid under ... not invalid under 35 U.S.C. § 103(a). The notice issued by ALJ Bullock released only pages 1, 2, and 21 from the Supplemental ID. We will ...
3 Apr, 2008 2:14 pm
We've been tracking the developments in Bullock v. Philip Morris, including the petitions for review filed by both parties. Now the parties
have filed their answers to the opposing petitions. The plaintiff's answer agrees with Philip Morris that review should be granted on the first issue raised in Philip Morris's petition,
namely, the proper scope of retrial after an appellate court reverses a punitive damages award because of a legal error (specifically, the failure to instruct the jury not to ...
21 Apr, 2008 8:21 am
GLOUCESTER, Mass. (AP) _ Sandra Bullock and her husband were unhurt after a head-on crash with a drunken driver, police said Saturday. The
actress and her husband, Jesse James of TV's "Monster Garage ... arraigned Tuesday in Gloucester District Court. Gatchell did not immediately return a call seeking comment Saturday.
Calls to representatives for Bullock were not immediately returned. Bullock, 43, was "gracious" and
concerned about whether Gatchell was OK, Cook said. The actress, who starred in such ...
30 Apr, 2008 2:18 pm
According to the California Supreme Court's online docket, the court denied both parties' petitions for review in Bullock v. Philip Morris.
Justice Kennard voted to grant Philip Morris's petition on the first issue presented, which involved the proper scope of retrial when a ... particular conduct on which the jury based
its finding of liability. For copies of the Supreme Court briefing, see our prior posts: PM's petition Bullock's petition Answer briefs by both
parties Reply briefs by both parties
26 Sep 9:49 am
Did Sandra Bullock divorce husband Jesse James? It appears that Sandra Bullock and husband Jesse
James are not divorced but rather happily married. There's no evidence to support a Sandra Bullock divorce. It was reported on September 25,
2009 that Jesse James arrived in Fayetteville on Thursday for two days of Bikes, [...]
30 Jan, 2008 1:22 pm
... Philip Morris's proposed instruction not to impose punishment for harm caused to nonparties to the litigation was error. We therefore affirm the judgment as to the finding of
liability, the award of compensatory damages, and the finding that Philip Morris was guilty of oppression, fraud, or malice, and reverse the judgment as to the amount of punitive
damages, with directions to conduct a new trial limited to determining that issue." Click here for a page linking to all the briefing in Bullock.
14 Mar, 2008 10:10 am
The plaintiff in Bullock v. Philip Morris has filed a petition for review in the California Supreme Court. (We previously blogged about the
petition for review filed by Philip Morris.) The plaintiff's petition raises three issues: 1. "Is a punitive damages defendant entitled by federal due process to demand that: (a) the
jury be instructed "not to impose punishment" based on the harm the defendant has inflicted on non-plaintiffs; while (b) keeping from the jury the well-accepted principle that ...
25 Aug 10:57 am
Bloomberg reports that a Los Angeles jury has awarded $13.8 million in punitive damages in the retrial of Bullock v. Philip Morris. The
compensatory damages were $850,000. As readers of this blog may recall, last year the Court of Appeal reversed a $28 million punitive damages award in this case and ordered a retrial on
punitive damages. We blogged quite a bit about that decision and the subsequent proceedings before the California Supreme Court. In a nutshell, the Court of Appeal reversed ...
1 Oct 5:01 pm
Further to our June 24 post, on September 29, 2009, ALJ Charles E. Bullock issued Order No. 8: Setting Procedural Schedule in Certain Products
Advertised As Containing Creatine Ethyl Ester (Inv. No. 337-TA-679). In the Order, ALJ Bullock set the procedural schedule for the
investigation, including a January 11, 2010 start date for the evidentiary hearing and a June 25, 2010 deadline for issuing the Initial Determination.
7 Oct 11:09 am
Further to our August 26 and August 31 posts, on October 6, 2009, ALJ Charles E. Bullock issued Order No. 5: Setting Procedural Schedule in
Certain Articulated Coordinate Measuring Arms and Components Thereof (Inv. No. 337-TA-684). In the Order, ALJ Bullock set the procedural
schedule for the investigation, including a March 1, 2010 start date for the evidentiary hearing and a September 28, 2010 deadline for issuing the Initial Determination.
26 Oct 12:31 pm
Reportedly, Hollywood actress Sandra Bullock is involved in a child custody battle with her husband's ex-wife, Janine Lindemulde - "a
pornography star and convicted fraudster." Reportedly, Since January 2009, Sandra Bullock and husband Jesse James have been bringing up Sunny,
James's five-year-old daughter, while the girl's mother, Janine Lindemulder, was serving a six-month sentence [...]
10 Nov 7:03 am
Reportedly, Jesse James has spoken out about the highly publicized child custody battle and child custody fight involving his actress wife Sandra Bullock and porn star ex-wife Janine Lindemulde. "Sandra Bullock is not a party to this litigation," James'
attorney, Marilyn Slifman, said in a statement to People magazine Friday. "Mr. James's sole concern [...]
2 Jul, 2007 2:10 am
"Monks hoping to save a 'sacred' bullock called Shambo which has tested positive for bovine TB have made a last-ditch plea to halt a slaughter
order." Full story BBC News, 29th June 2007 Source: www.bbc.co.uk
16 Jul, 2007 2:55 am
The BBC today reports that a High Court judge in Wales has quashed the rulings made by local officials in Carmarthenshire ordering a sacred Friesian bullock, kept by a local Hindu Temple, to be slaughtered because it tested positive for tuberculosis. (See prior posting.) Monks from the Skanda Vale Temple
had filed suit alleging that the order violated their right to practice their religion protected under Section I, Article 9 of the European Convention on Human Rights. Judge Gary
Hickinbottom ...
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