Sentences with phrase «apportioning damages»

The Court's decision is consistent with the broader trend of apportioning damages in utility patent cases to the particular patented technology found to infringe.

This is used to evaluate causation, your opponent's liability, and is ultimately a way for apportioning damages.

This concept affects how a judge or jury apportions damages.

[1] It is no simple task to assess liability and apportion damages in situations where the wrongdoer and the harmed parties are separated by a long and complex chain of distribution, involving many parties, purchasers, resellers and intermediaries.

The court will then apportion damages to the plaintiff appropriately based on how much fault is assigned to the defendant.

She expressed her provisional view that in the case of an indivisible psychiatric injury where it is not scientifically possible to establish the amount of the tortious material contribution to injury, it was not necessary for a judge to apportion damages across the board merely because one non-tortious cause had been in play.

Not exact matches

• Liability: Suitable aquifers straddle national borders, and it's not yet clear how damage costs should be apportioned in the event of a catastrophic leak.

On appeal, the plaintiffs» requested that the judgment dismissing the action against Mr. Vicentini and Ford Credit be set aside and liability be apportioned equally between those two defendants and Mr. Hoang and requested that the amount of damages be increased.

However, the amount of damages would be reduced by the plaintiff's apportioned amount of fault, in this case ten percent.

The EAT found that it could have regard to the Civil Liability (Contribution) Act 1978 (CLIA 1978) and apportion liability between various respondents where it was «just and equitable having regard to the extent of [each party's] responsibility for the damage in question».

In the above example, the judge or jury determines the degree of the each party's negligence and apportions to each party a portion of the total damages you suffered based on each party's percentage of fault for causing your injury.

If the jury finds that the plaintiff is responsible for some part of the accident, the damages will be apportioned amongst all of the parties.

Under this theory of liability, a person's damages award is reduced by the amount of fault that is apportioned to them.

Other states have systems where fault is apportioned on a percentage basis, and most of those prevent drivers from recovering damages if they're more than 50 percent to blame.

Just like a pure comparative negligence system, a judge or jury decides how much fault should be allocated to each person responsible for an accident and apportions the amount of damages accordingly.

A unanimous Supreme Court has now overruled Kerby and Carnation, holding that «relevant evidence of use or nonuse of seat belts, and relevant evidence of a plaintiff's pre-occurrence, injury - causing conduct generally, is admissible for the purpose of apportioning responsibility under [Texas's current] proportionate - responsibility statute, provided that the plaintiff's conduct caused or was a cause of his damages.»

In a pure comparative negligence system, the judge or jury decides how much fault should be allocated to each person responsible for an accident, and then apportions the amount of damages accordingly.

1 (1) When by fault of 2 or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss is in proportion to the degree in which each person was at fault but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.