Sentences with phrase «given compensatory award»
Given Compensatory Award Was Close to Unlimited Jurisdiction Limit, Fee Award Was No Abuse of Discretion.
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Taking a case completely to trial is often done in only the most egregious accident cases because it gives a sympathetic jury an opportunity to award punitive damages along with compensatory claims, especially when an accident involved a drunk driver or speeding driver or a commercial vehicle.
Although I do not accept that the judge erred in awarding spousal support for the pre-trial period, given that entitlement was compensatory and the parties» post-separation incomes differed significantly, I agree that she calculated the retroactive portion of the spousal support award on an erroneous basis.
In the world before the Supreme Court's recent Philip Morris decision, the risk of giving the plaintiff — who might only be one of many victims of the defendant's conduct — the entire punitive damages award was that it would more likely undermine the state's in - terest in ensuring a fair distribution of both compensatory and retributive damages for oth - ers, since a crippling retributive damages award might impair the availability of adequate compensation funds (or punitive damages) for future claimants.