Motion For Supplemental Hull Plating, Um Damages

The prevailing plaintiff filed an unopposed motion seeking an additional $2.28 million in supplemental damages (damages through entry of final judgment) to add to the $31.5 awarded by the jury.  Judge Gilstrap denied the motion, noting that such an award must be based on actual sales information, and not just a per diem estimate by an expert, and directed the parties to put the proposed judgment back into, um, drydock where they could work out the numbers based on actual sales – and calculate interest accurately based on those numbers.

Plaintiff’s Motion for Reconsideration Of Order Granting Motion To Dismiss For Improper Venue Denied

Plaintiff asked Judge Gilstrap to reconsider his order granting BMW’s motion to dismiss its complaint for improper venue following Federal Circuit’s opinion in In re: Volkswagen Grp. of Am., Inc., 28 F.4th 1203 (Fed. Cir. 2022), arguing that rather than dismiss the action against both defendants, the court should’ve dismissed only the domestic entity.