Published on: 27 March 2026
Published by a Law360 reporter
The Los Angeles County Superior Court jury’s finding in the landmark Bellwether trial that Meta must pay US$2.1m in punitive damages and Google US$900,000, for conduct characterised as malice, fraud or oppression, creates substantial litigation exposure for the trillion‑dollar companies, which face thousands of comparable lawsuits nationwide. The jury was directed to apportion the US$3m compensatory award between the two defendants and decided Instagram bore 70% of the responsibility, with YouTube accountable for 30%. The punitive damages award, which doubles the overall damages, follows the same allocation. The 25 March 2026 verdict arrived just one day after a New Mexico jury determined that Meta owes US$375m in relation to the state lawyer general’s claims that the social media giant concealed the full extent of mental health harm its apps were causing to underage users. After the compensatory verdict was delivered, the court polled the jury of seven women and five men, revealing a 10–2 vote on liability and most other issues. The apportionment of liability between Meta and Google was decided by a 9–3 vote...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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