Sentences with phrase «actual damages 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.

At $ 80,000 per track, it represents a ratio of 80,000 to 1 of punitive damages to the actual damages suffered, assuming each song could have been legally purchased for $ 1.00.

Make a low - ball offer to settle your claim for an amount that is unreasonably less than the actual damages you suffered

We can also seek punitive damages in addition to actual damages suffered by your business.

The debt collector may just be liable to you for statutory damages of up to $ 1,000, plus any actual damages suffered, plus attorney fees.

Some relief is available to the landlord in the deposit, from which the unpaid rent might be deducted, but let's assume that after that, the actual damage suffered is $ 5,000.

Not exact matches

FPL's lawyers argued that the case's ten plaintiffs «failed to connect their hyperbolic references to FPL's allegedly massive failures to any actual damages» they allegedly suffered.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

If such conditions and life events, known as Adverse Childhood Experiences (ACEs), are not attended to the developing brain can suffer actual damage.

Ca Civ Code 1785.25 (a) prohibits creditors from reporting «incomplete or inaccurate» information subjecting them to actual damages, punitive damages up to $ 5,000 per violation, pain and suffering, attorney fees and costs, and injunctive relief per Ca Civ Code 1785.31.

If any creditor fails to disclose information required under these Acts, or gives inaccurate information, or does not comply with the rules about credit cards or the right to cancel certain home — secured loans, you as an individual may sue for actual damages — any money loss you suffer.

Koch Media may also disclose personal data to law enforcement, or the appropriate civil authorities to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, reputation, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, fraud protection and / or comply with a judicial proceeding, court order, or legal process served on Koch Media.

[T] hey can change their pattern of energy production and usage in order to limit emissions of greenhouse gases and hence the magnitude of climate changes; they can wait for changes to occur and accept the losses, damage and suffering that arise; they can adapt to actual and expected changes as much as possible; or they can seek as yet unproven «geoengineering» solutions to counteract some of the climate changes that would otherwise occur.

So the plaintiffs in this case need to either (a) show actual damages, or (b) convince the court under the applicable standard of proof that they will suffer damages and they are likely to prevail on the merits of the case, and possibly secure a bond for the losses to the defendants in the meantime.

Since the offeror has not suffered any actual damage by you repudiating the contract, there would be no point in him suing you.

Although it was a stressful and aggravating situation, there was no physical injury, and recent California case law makes it clear that without actual physical injury, you can not recover damages for pain, suffering and / or emotional distress.

A collateral benefit arises when a source other than the damages payable by the defendant offsets the actual monetary loss suffered by the plaintiff.

Injured individuals may bring claims or a lawsuit to recover the actual expenses associated with property damage, medical costs, economic damages and emotional and physical pain and suffering.

[19] More importantly, there was no evidence of any kind that the Respondent suffered any actual damage as a result of the termination.

Perhaps you have previously been in a car automobile accident and therefore are searching for a dligent Dekalb County personal injury lawyer who may let you to know your responsibilities together with legal rights, or perhaps you have suffered with the wrongful death of a loved one or maybe a serious injury that was caused because of the negligence of some other you might be searching for a good Dekalb County car accident lawyer that can fully handle your case and also enable you to recover the actual damages that is deservingly owed, if this sounds like someone like you, and you are looking to find wrongful death attorneys and / or Dekalb County personal injury lawyers then take a look no more than our experienced attorneys here at Zeribe Law Offices.

[13] At para. 57 in Honda v. Keays, the Supreme Court of Canada confirmed the general damages allocated in wrongful dismissal actions are confined to the loss suffered as a result of the employer's failure to provide notice and that no damages are available to the employee for the actual loss of his or her job and / or the pain and distress that may have been suffered as a consequence of having been terminated.

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.

In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty of care; that the duty of care was breached; that the breach of duty of care caused you an injury that you would not have sustained otherwise; and that you suffered actual damages as a result.

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

While we acknowledge that the possibility of what might have happened can be extremely distressing and discomforting, you can only file a lawsuit in the event that you have suffered actual damages.

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.

The cruise line is not «liable to the passenger for damages for emotional distress, mental suffering / anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury.»

In determining the amount of damages, the Court of Appeal set a maximum amount of $ 20,000.000 in damages for cases where no actual financial loss was suffered, as was the case here.

In a successful wrongful death action, the estate can recover two types of damages: (i) actual pecuniary loss, and; (ii) pain and suffering of the deceased.

With respect to fairness, while those commentators accept that the actual costs of the arbitration paid for by the funder are potentially recoverable (cf. Kardassopoulos & Fuchs vs. The Republic of Georgia ICSID case no ARB / 05/18 and case no ARB / 07/15), they maintain that the uplift or success fee «is neither a party's cost, nor the damage suffered by the funded party... [but is] a result of a contract privy to the funder and the funded party» (Henriques).

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.

Punitive damages are meant to punish a party for extreme wrongdoing and are not tied to actual damages, which are typically for things like out of pocket expenses, medical bills, and pain and suffering.

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

It's often in a victim's best interest to explore civil injury case options, since restitution orders often only take into account actual damages and often do not calculate payouts based on intangible losses, such as pain and suffering and mental anguish.

(2) If an organization has been convicted of an offence under this Act and the conviction has become final as a result of there being no further right of appeal, a person affected by the conduct that gave rise to the offence has a cause of action against the organization convicted of the offence for damages for actual harm that the person has suffered as a result of the conduct.

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.

You might recover damages for pain and suffering as well as for actual damages.

To prove another party's liability for negligence under Maine law, an injured victim must show that (1) the defendant owed the victim a duty of care, (2) the defendant breached that duty, (3) the breach caused the victim's injuries, and (4) the victim suffered actual damages as a result of the defendant's breach.

The private right of action would have allowed recipients of CEMs sent in violation of CASL to seek a court judgement for an amount equal to the actual loss or damage suffered or expenses incurred, alongside administrative penalties of up to CAN 200 (approx.

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.

Available remedies include compensation in an amount equal to the actual loss or damage suffered or expenses incurred, and additional amounts for different CASL violations (each with a maximum amount).

times greater than actual damages, indicating that the jury factors in pain and suffering even though it is difficult to

57 (1) If the commissioner has made an order under this Act against an organization and the order has become final as a result of there being no further right of appeal, an individual affected by the order has a cause of action against the organization for damages for actual harm that the individual has suffered as a result of the breach by the organization of obligations under this Act.

While there is no surefire way to calculate pain and suffering damages in an accident claim, lawsuits often yield a judgment several times greater than actual damages, indicating that the jury factors in pain and suffering even though it is difficult to quantify.

To establish a private action claim under section 36 of the Act, a private plaintiff must show that a defendant contravened one of the criminal provisions of the Act (e.g., establish all of the elements of a criminal price - fixing conspiracy, criminal misleading advertising, etc.) or breached a Tribunal or court order under the Act and has suffered actual damage or loss as a result of the conduct.

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.»