Sentences with phrase «award additional damages»

If there is evidence that the employee was fired because she was pregnant, a court or human rights tribunal can also award additional damages for discrimination.

Cull stopped short of awarding additional damages, saying the party had only used the song after receiving professional advice that it could do so, and hadn't acted recklessly.

The employee appealed, submitting that the trial judge should have awarded him additional damages for wages lost while the employer placed him on a medical leave from August 2010 to January 2013.

The rational for awarding punitive damages is that the defendant's conduct was so reckless and grossly negligent, or so offensive, that the plaintiff should be awarded additional damages on top of the special and general damages to punish the defendant for its bad conduct.

Not exact matches

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.

Additional, non-physical damages may be awarded, including:

'' «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.

Schedule Loss of Use awards are additional cash payments which are determined based on which body part was damaged and how much it was damaged.

• Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, Montana Fifth Judicial District Court (2010): $ 600,000 jury verdict and additional award of punitive damages for breach of contract, deceit, abuse of process and other claims.

Having established all three potential forms of liability for defamation, Mr. Pritchard is awarded $ 50,000 in general damages and an additional $ 15,000 in punitive damages.

As such, the additional approximately $ 44 million in damages awarded at trial in relation to the Comfort Letter were set aside.

Given the defendant's lack of remorse and refusal to apologize, Justice Stinson found it important to award an additional $ 25,000 of punitive damages «to dissuade others from engaging in similar harmful conduct» [para 62].

Had it hired an external investigator to examine the issues relevant to the re-hiring decision and then proceeded to maintain his hiring, it at least could have argued it acted in good faith and avoided the additional damage award.

At trial, Mr. Soost was awarded a full year's income of $ 600,000 as damages for the failure of Merrill Lynch to give him adequate notice of his dismissal, plus an additional $ 1.6 million for the loss of his clients, or book of business.

Rejecting the company's argument that where pregnancy is not a factor in the dismissal, it should not be a factor in calculating damages, the court awarded Harris an additional two months» severance, concluding she deserved more than a non-pregnant employee would receive.

Where a defendant has intentionally injured another, additional damages may be awarded to punish the wrongdoer.

The jury awarded Smith $ 700,000, and awarded his wife an additional $ 75,000 in compensatory damages for loss of consortium.

The plaintiff was successful at trial and was awarded substantial damages, however, the trial judge declined to award additional costs because the defendant put forward a «genuinely available position» to deny liability.

Punitive damages are additional compensation awarded to the injured party above the amount granted to cover the costs of medical treatment, lost wages and pain and suffering.

The lower court awarded Amy Fledderman's mother, Colleen, with $ 2 million in damages for suffering emotional distress from feeling helpless when Richard Glunk turned down Colleen's request to transfer her daughter to a hospital two and a half hours after the operation.The appeals court agreed to the award in damages but reversed one aspect of lower court's ruling, asking the Court of Common Pleas to calculate additional damages based on the delay by Glunk and the nurse.

The court stated: «I do not, however, believe that the defendant's conduct was harsh, vindictive, reprehensible or malicious so as to justify an additional award of punitive damages.»

DO N'T MAKE FRIVOLOUS ALLEGATIONS OF CAUSE OR COUNTERCLAIMS The Supreme Court of Canada awarded Mr. Wallace additional damages because his employer, United Grain Growers, made frivolous allegations of cause, presumably to dissuade him from proceeding.

The case resulted in an award of $ 924,000 in unpaid compensation to Ms. Jafa - Bodden, and additional punitive damages of nearly $ 6.5 million.

An additional $ 60 000 was awarded for the bad faith dismissal to compensate the employee for moral damages suffered, with all the aforementioned factors considered.

The only remaining items in the Arbitration are for the Tribunal to quantify the damages that should be awarded to Pearl for certain of its additional claims that it has already successfully proven.

An employer's bad faith actions at the time of dismissal that triggers mental distress in the dismissed employee can result in an additional damage award

A US court has confirmed a US$ 1.3 billion ICSID additional facility award in favour of Canadian mining company Rusoro against Venezuela, rejecting arguments that the arbitrators exceeded their authority in calculating damages or that enforcement should be stayed pending a challenge to the award in France.

The database reflects both damages — whether through a jury award or a settlement — and additional remedies, such as divestiture and injunction.

2002): As counsel for investment company owning plaintiff, worked closely with co-counsel to obtain verdict against infringer; authored appeal brief to obtain affirmance by CAFC with additional price erosion damages awarded.

He recognized the adverse tax consequences that would result from Mr. Dowling's receipt of the damage award as a lump sum and, in my view, correctly included a «gross - up» to offset the additional tax liability occasioned by receipt of the funds all at once, as opposed to over time.

When awarding damages, the court will be willing to take into account the additional tax liability the plaintiff will suffer as a result of taking all of the funds at once.

There are two additional reasons — not intrinsic to retributive theory per se but re-lated to the fairness considerations that animate retributive justice nonetheless — to ensure that plaintiffs don't enjoy windfalls through awards of retributive damages.

Where a claimant makes a Part 36 offer and the defendant does not accept it: If the claimant succeeds at trial and is awarded damages that are as much as or higher than the amount he offered, he may be awarded (a) interest of up to 10 % above base rate on damages, (b) costs on the indemnity basis, (c) interest on costs from the last date on which the defendant was able to accept the offer and (d) an additional amount of up to # 75,000 (CPR 36.17 (1)(b) and 36.17 (4)-RRB-.

The jury also awarded an additional $ 100,000 for intentional infliction of mental suffering against the manager with whom the plaintiff had the conflict with, as well as $ 150,000 in punitive damages.

Ms. Patridge was awarded 12 months of pay - in - lieu of notice (less some mitigation) and an additional $ 20,000 in damages for breach of the Human Rights Code.

Legal expenses, awarded damages and additional funds are often provided.

If any damages are awarded to me personally, I will donate them to the Beverly Carter Foundation to aid in the development of additional training and for victim assistance.»

If any damages are awarded to me personally, I will donate to the Beverly Carter Foundation to aid in the development of additional training and for victim assistance.