Sentences with phrase «actual damages awarded»

In the event of a willful violation by a credit repair services organization of this Part or of a contract subject to this Part, a person who is injured thereby shall be awarded, in addition to the damages allowable under Subsection A of this Section, an additional amount equal to twice the actual damages awarded under Subsection A of this Section.

Not exact matches

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

The award can actually be up to three times the actual damages plus costs and attorney fees.

It provides that a court shall award actual damages, and may award punitive damages, if a SLAPP defendant shows that the SLAPP was brought to harass, inhibit the defendant's public participation or exercise of constitutional rights, or otherwise wrongfully injure the defendant.

The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages.

Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys» fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.

Otherwise, only an award of actual damages and profits is available to the copyright owner.»

If you win, you can recover your actual damages and be awarded punitive damages if the court finds that the lender's conduct was willful.

Actual damages and punitive damages may be awarded under the act.

If the court finds the employer willfully or knowingly violated this law, it may increase the damages award to an amount not to exceed three times the actual damages, up to $ 10,000.

Non-economic damages are not determined by an actual monetary loss and juries often have great discretion in making awards.

The suit seeks an award of actual damages, punitive damages, court costs, and attorney fees, as well as injunctive and declaratory relief.

Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Campaign).

A related state code, the Disabled Persons Act, allows a plaintiff to recover three times the actual damages, or a minimum of $ 1,000, with attorneys» fees awarded to the prevailing party at the judge's discretion.

This means that the award of punitive damages can not exceed the amount of actual damages that the jury awards.

'' «In addition to actual or compensatory damages, the law permits the jury, under certain circumstances, to make an award of punitive damages, in order to punish the wrongdoer for his misconduct, to serve as an example or warning to others not to engage in such conduct and to provide additional compensation for the conduct to which the injured parties have been subjected.

They are awarded in addition to the special damages, which include compensation for the actual monetary losses incurred, such as medical bills, lost wages and cost of therapy.

It went on to state that if an employee can prove that the manner of dismissal caused mental distress that was in the contemplation of the parties, that those damages will be awarded not through an arbitrary extension of the notice but through an award that reflects the actual damages.

The defendant employer appealed the award of aggravated damages given by the deputy judge, arguing that she erred in law when she awarded aggravated damages when there was no finding by the deputy judge that the employer had conducted itself in a manner that was unfair or in bad faith when it terminated Mr. Walker such as to justify an award of aggravated damages; and furthermore, there was no evidence, in any form, to show that the Respondent suffered any actual damages as a result of his termination.

Although the Court clarified that damages based on the manner of dismissal are still compensable, in essence, the Court's decision will limit or restrict the punitive or «deterrant» effect of such awards and focus on compensating employees for actual losses suffered.

Failure to accommodate an employee's family status can result in awards of damages, without the necessity of proving any actual monetary loss.

Whereas compensatory damages refer to actual losses, punitive damages may be awarded above and beyond the actual losses suffered.

The Chinese legal system also provides for damages to be awarded when infringement is found based on the patentee's actual losses, profits of the infringer and royalties.

It noted that a trial judge's discretion is not unlimited, that there was no authority for awarding damages under the CSPA to class plaintiffs who had suffered no injury, and that the lower courts ignored the clear distinction in the CSPA between the kinds of damages available in an individual action and the actual damages available in a class action.

In accordance with the key principle of the Default Clause that damages are to be based on (but not limited to) the difference between the contract price and the actual or estimated value of the goods at the date of default, the Board of Appeal had awarded Buyers substantial damages.

«We believe this verdict is not justified by the evidence, and that the award is clearly excessive and far out of line with any factual assessment of actual damages,» Kristina Chang, a Janssen spokeswoman, said in an e-mailed statement.

Despite having worked for only one day, Maciel was awarded damages with little or no relationship to her actual losses.

Punitive damages are not directly tied to the actual losses of the victim, but are instead awarded to punish the extremely bad behavior of the defendant.

The total damage award for intangibles includes pain and suffering damages and can be grossly inadequate when compared to the actual medical expense damage amounts.

Can a trial court award aggravated damages to an employee who claims wrongful dismissal absent a finding of actual mental distress being suffered by that employee?

The actual damages that you will be awarded will depend on the injuries you have suffered.

If you can get past all the legal challenges and be awarded punitive damages, in most circumstances, you're limited to an amount between $ 200,000 and $ 750,000, depending on the the actual «economic» damages determined by the jury.

The jury assessed Wells Fargo as 98 % responsible for damages and awarded the Barbara Burton Morriss Trust $ 45,766,033.81 in actual damages and $ 32,100,000.00 in punitive damages.

Terhune v. Forum Group Corp et al.: Loretta Terhune was awarded $ 8.5 million in actual damages and $ 35 million in punitive damages as a result of the poor care her father received during the eight months he was a resident at Moran Lake Road Nursing Home in Rome, Ga..

Terhune v. Forum Group Corp et al.: Loretta Terhune was awarded $ 8.5 million in actual damages and $ 35 million in...

Though manufacturers are generally strictly liable for the actual damages caused by their products, punitive damage awards typically require a higher showing of reprehensible conduct.

Representation of city in post-judgment motions and appeal of whistle blower case where the jury awarded Plaintiffs $ 27 million in actual and punitive damages against three Defendants who allegedly retaliated against Plaintiffs for exercising their First Amendment rights and whistle blowing.

The damage award is an amount determined by the court to reflect the actual mental distress suffered by the dismissed employee.

Insurance companies generally use a multiplier of actual damages to determine how much to award for pain and suffering.

Of course, punitive damages are typically awarded with compensatory damages for the actual losses suffered by the person who died, his or her estate, and his or her loved ones.

The jury awarded actual and punitive damages, and the court awarded attorneys» fees.

The argument that «actual and potential jury awards of noneconomic damages (such as pain and suffering) are a key factor (perhaps the most important factor) behind the unavailability and un-affordability of medical malpractice insurance in Florida» is unsupported.

Phantom Damages — The proposal will prevent juries from awarding damages that exceed the actual out of pocket costs incurred by the plaDamages — The proposal will prevent juries from awarding damages that exceed the actual out of pocket costs incurred by the pladamages that exceed the actual out of pocket costs incurred by the plaintiff.

If victims claim punitive damages, the jury will consider factors including the degree of reprehensibility of the defendant's actions, the disparity between the punitive award and the actual harm, and the amount of sanctions usually imposed for similar actions.

Upon its detailed review of factual record, the court found that Coalson's punitive damages award were «reasonably related to her actual damages and to the degree of necessary punishment, which in this case is great.»

It quoted Campbell's guidelines: «(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized in comparable cases.»

Generally speaking, the Court is not going to award any damages for accelerated depreciation unless there is direct evidence supporting an actual loss suffered by the owner of the damaged vehicle.

If aggravated damages are to be awarded, there must be a finding that the defendant was motivated by actual malice: Hill, supra, at para. 190.

(1) Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered.

«In addition to actual damages suffered for a breach of CASL's anti-spam and anti-malware provisions, courts will be able to award applicants statutory damages of $ 200 for each contravention of CASL up to $ 1 million for each day on which a contravention occurred.