Sentences with phrase «amount of plaintiff»

The defendant's behavior may be used as justification to increase the full amount of plaintiff's settlement with punitive damages.

This means that any one defendant that is found to be partially at fault may be responsible for paying the full amount of a plaintiff's damages, not just the proportion of the damages for which he is responsible.

Under this doctrine, a verdict will be reduced by the amount of the plaintiff's own fault.

As noted above, the Fairmont's records reflect only the total amount of the plaintiff's cash sales as a server.

Depending upon whether or not an insurance company is disputing liability in a personal injury case, witnesses can be helpful in proving the defendant's breach of the applicable duty of care, the extent and amount of the plaintiff's damages, or both.

In some cases — especially when the plaintiff had an irregular work schedule or fluctuating wages — an economist may be helpful in calculating the amount of the plaintiff's lost wages and damages.

In short, defendants may not argue that the amount actually received by a medical provider is the reasonable amount of a plaintiff's medical bills.

Sections 21 through 25 of Massachusetts General Law Chapter 218, which govern the procedures of small claims actions, formerly restricted the dollar amount of a plaintiffs claim to $ 2,000.

We are far larger than any other firm that does a significant amount of plaintiffs» work, a fact that makes us uniquely suited to go head - to - head against the biggest corporations in the world.

Not exact matches

While the Equal Employment Opportunity Commission has not seen a big jump in harassment claims, the amount paid by employers to plaintiffs as a result of those claims reached an all - time high of $ 54.6 million in 2000.

This Court has subject matter jurisdiction under 28 U.S.C. § 1332 because there is complete diversity of citizenship between Plaintiff and Defendant, and the amount in controversy exceeds $ 75,000, exclusive of costs and interests.

Defendants argued that the plaintiff's claim, based on California state law, was preempted by the NLEA, which allows «insignificant» amounts of trans fat to be labeled as zero grams.

The reviewing court, however, rejected the lower court's ruling and found that the plaintiff's claims amounted to a violation of the FDA's regulation on «nutrient content claims.»

«Mr. Walker's voluntary assumption of the risk should bar the plaintiff's recovery or, in the alternative, should reduce the plaintiff's right to recovery from the PCNA in an amount equivalent to Mr.Walker's fault.»

The measure, known as Laverne's Law, extends the amount of time a suit can be filed up from 2-1/2 to 7 years from when the plaintiff has learned of a diagnosis instead of when the cause of the illness occurred.

Plaintiff again states that in order to fully participate in this year's general elections, she must find and deposit with the 1st Defendant an amount of GHC2, 800,000.00 of which fees and or deposit of fees would be confiscated to the State should Plaintiff failed to secure at least 25 % of the presidential votes and 12.5 % votes in each constituency parliamentary votes in the general elections.

The Court, according to counsel to the plaintiff, Inibehe Effiong, a Lagos based human rights lawyer, was to established whether Luke and his security aides had fallen foul of the law, against his client and sought damages amounting to N100million as well as additional N400million as exemplary damages.

«An order of the court compelling the first defendant to pay an amount of GHC400, 000 as punitive and exemplary damages to the plaintiff as damages for the defamatory comments (he the defendant said about the plaintiff».

Finding on behalf of the plaintiff, the Council for Education and Research on Toxics, Judge Elihu Berle said that coffee companies failed to prove that the amount of acrylamide in coffee was safe — or that coffee has health benefits.

The lawsuit is based on the plaintiffs» experiences, plus testimony from former employees and researchers who have «pulled tremendous amounts of «proof» right off the site,» Mr. Norton said.

The plaintiffs in that case maintain that eHarmony's decision to establish a separate site for gays rather than integrate its flagship site, eHarmony.com, amounts to an unlawful «separate but equal» policy and the continued marginalization of gays, lesbians and bisexuals.

In the same way that the old segregationist laws of the South forced blacks to the «back of the bus,» the California law amounts to «relegating minorities to the back of the courthouse under the subtle laws of the «New North,»» argued Laurence H. Tribe, a Harvard University constitutional scholar representing the minority - group plaintiffs in the Los Angeles school - desegregation case.

In 1969, the U.S. DOJ intervened for the plaintiffs who sued the state of Mississippi in Coffey v. State Educational Finance Commission.45 In the five years before the case made it to the Supreme Court, the state offered vouchers for students to exercise «individual freedom in choosing public or private school,» which provided them with the opportunity to choose to attend racially segregated schools.46 Originally only offering $ 180 per student in 1964, the state Legislature increased the amount of each voucher to be $ 240 per student in 1968.47

Robert Hobgood rules that the state's plan violates the contract clause in the U.S. Constitution and «amounts to an unconstitutional taking of plaintiffs» property rights in their existing contract,» which violates the state constitution.

Retroactively abolishing tenure for teachers, Hobgood said, violates the contract clause in the U.S. Constitution and «amounts to an unconstitutional taking of plaintiffs» property rights in their existing contract,» which violates the state constitution.

The plaintiffs said that when they negotiated their current contracts with the School Board in 2011, they were guaranteed a certain amount of money per student.

Wealthy people are the most likely targets of lawsuits, and juries tend to award plaintiffs high amounts when the defendants seem to have the means to cover the exorbitant costs.

«Anything you remember that shows that the plaintiff was partly or fully to blame for the accident will help when it comes to deciding the amount of the settlement,» says Obradovich.

Based on the court where the plaintiff files the complaint, you have a certain amount of time to answer the complaint.

Depending on the amount of the judgment, the plaintiff may garnish your bank account and wages.

That often leads to default judgements, or awards of nearly the amount requested by the plaintiff.

Plaintiff / debtor listed a disputed debt to defendant Sallie Mae, Inc. on Schedule F with account number -LSB--RSB- in the amount of $ 29,774.00, and another loan with account number -LSB--RSB-(believed to be the same account, under an abbreviated number).

The plaintiffs argue that because the Principal CIT investors bear the expense of the underlying investment options, the defendants» decisions regarding which underlying investment options to use directly determined the amount of fees paid by Principal CIT investors as well as the recipient of those fees.

Philips North America has agreed to pay a gross settlement amount of $ 17,000,000 to the Qualified Settlement Fund to pay the settlement class, plaintiffs and class counsel.

The plaintiff argues that based on information currently available regarding the plan's features, the nature of the administrative services provided by TIAA, the plan's participant level, and the recordkeeping market, benchmarking data indicates that a reasonable recordkeeping fee for the plan would have been a fixed amount between $ 1,500,000 and $ 1,900,000 per year (approximately $ 50 per participant with an account balance); however, TIAA is collecting roughly $ 10,000,000 per year (on average approximately $ 277 per participant).

«ORDERED AND ADJUDGED that the student loan debt owed by the Plaintiff, -LSB--RSB-, to the Defendant, U.S. Department of Education, is hereby DISCHARGED in bankruptcy and the amount due on the subject student loan, Account Number XXX - XX - 1913 is zero.»

As of November 16, 2012, plaintiff Richard Gerard Desira is indebted to the U.S. Department of Education in the amount of $ 256,372.35, representing the amounts due on the above debts of $ 22,142.34 and $ 234,230.01, respectively, which includes principal and interest.

Plaintiff hereby consents to a judgment against him and in favor of the United States Department of Education in the amount of $ 4,800.00 as of December 3, 2012, This consent judgment is subject the terms set forth below.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

The Town and its insurance company have agreed to pay the plaintiffs $ 7,500 each (an amount which only partially covers their out of pocket expenses) as well as $ 20,000 to their attorneys in order to save the town further litigation costs.

We further find that the total amount of damages which the Plaintiff, [Sienkowski], is entitled to recover, disregarding fault, is the sum of $ 207,600.

Plaintiffs who take money personally from the site must pay back the principal amount plus fees of 3.5 % compounded monthly if their case is successful.

As laid out in the appellate opinion, plaintiff ‟ s counsel and defendants ‟ counsel agreed to multiple extensions of plaintiff ‟ s time to file a motion for attorney fees on appeal, while they were trying to settle the amount owed.

The amount of money that a personal injury case can be awarded is based on the damages that the plaintiff (the person injured) suffers.

Once an injured plaintiff has proven the duty, breach, and causation elements of negligence, then the plaintiff must prove the amount, nature, and extent of damages sustained.

The case settled for an amount significantly less than the plaintiffs» pretrial demand of more than $ 1 billion.

The Plaintiff applied for and received statutory accident benefits from her insurer, for the total amount of $ 45,641.00.

Where the damages awarded after a long trial are modest, it is possible for the adverse cost award to exceed the amount of damages, meaning that the plaintiff's personal assets are at risk.

The potential for a successful plaintiff to have to pay a substantial portion of their damages to the defendant because the amount awarded for damages at trial was less than an earlier offer is a legitimate concern.

Although this indemnity product provided some level of comfort to plaintiffs who were not seeking or expecting significant damages, it offered limited protection to plaintiffs with claims worth hundreds of thousands of dollars because it was very unlikely that any adverse cost award would exceed the amount of their damages.