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Economic damages ' actual monetary loss caused by a tort or breach ' occur in many forms and can involve a variety of issues. A good understanding of the basic elements of damages and the issues that might be involved is essential to effective representation, because litigators who fully understand the issues will be able to better assess the value of a damages claim and the overall case value.
The basic elements of a damages claim may include lost earnings, lost fringe benefits, lost household services, and medical costs. In wrongful death matters in many jurisdictions, the decedent's likely personal consumption expenditures (his or her personal living expenses, exclusive of what he or she would have saved or spent on family support) are deducted from damages. However, the rules on deductions of collateral sources vary from jurisdiction to jurisdiction. For example, in New Jersey, Social Security payments are subtracted from damages, while in Pennsylvania, Social Security payments do not offset damages.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."