Sentences with phrase «award against the defendant»

If the successful plaintiff has a cost award against the defendant, most of these disbursements will be paid by the defendant.

While Oregon's judicial review ensures that punitive damages are not awarded against defendants entirely innocent of conduct warranting exemplary damages, Oregon, unlike the common law, provides no assurance that those whose conduct is sanctionable by punitive damages are not subjected to punitive damages of arbitrary amounts.

Plaintiff also won a $ 503,450.02 fee award and $ 31,679.08 costs award against both defendants.

The failure to honour the spirit of the settlement agreement was considered reprehensible conduct deserving of rebuke and special costs were awarded against the defendant by Master Taylor sitting as Registrar.

Thanks for the comments — on the issue of damages in the first comment above — To be clear — I was lazy in stating the total damages: the $ 681,000 damages awarded against the defendant was made up of smaller awardsl.

If your client is the claimant in a cross-border dispute, how easy will it be to enforce a judgment / award against the defendant and against what assets?

Punitive damages are awarded against a defendant in exceptional cases for «malicious, oppressive and high - handed» misconduct that «offends the court's sense of decency»: Hill v. Church of Scientology of Toronto, [1995] 2 S.C.R. 1130, at para. 196.

Costs were awarded against both defendants.

Presently, costs in class action cases are only awarded against the defendant; this proposed provision further accentuates the difference in treatment between claimants and defendants.

Total damages of $ 52,350 were awarded against the Defendants.

Not exact matches

The queen mother is praying the court to award damages against the defendant in the sum of GHc500, 000.

In his statement of claim, Mr Mahama said the false comment by Mr Bempah on UTV, has done damage to his reputation as a businessman, and, thus, praying the court to award damages of GHS2 million against the two defendants.

Appeal from judgment entered by the United States District Court for the Southern District of New York (Mark D. Fox, Magistrate Judge), which held that defendant Board of Education of the Newburgh Enlarged City School District intentionally discriminated against plaintiff Santina Polera in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and awarded damages to plaintiff.

In Hicks v. Hicks, 16 E.T.R. (2d) 179, Mr. Justice Shaw awarded full indemnity for costs against the defendant, as a result of his reprehensible conduct in exercising undue influence over his elderly mother.

Represented a Western European leasing company, defendant in an annulment proceeding filed against an ICC arbitral award against French court

See also Ram v. Prasad, 1999, 28 E.T.R. (2d) 140, where the B.C. Court of Appeal upheld the trial judge who awarded special costs against the defendant.

Similarly, if you can not prove that the person against whom you brought a personal injury lawsuit (the «defendant») was negligent, you will not be awarded money damages by a court.

The lower court nevertheless awarded $ 456,522.20 against all defendants (including the individual defendants), jointly and severally, out of a requested $ 570,653.13 in fees.

Furthermore, the circumstances of Boucher are such that the plaintiff was already being awarded large sums against several defendants.

The interpretation given to s 4 by the Court of Appeal does not prevent a defendant who wants to make a payment but wishes it to be taken into account against any damages which might be awarded against him in future from doing so.

A damages award or an injunction is enforceable against any asset or operation of the defendant no matter the province or territory.

The Attorney General, 2017 ONSC 1333, the Court allowed an employee's claim against his employer and two superiors for the «tort of harassment» and awarded significant damages against the defendants as a consequence.

Jury Trial for compensatory and punitive damages, ICBC v. Finley and Finley, BC Supreme Court, 2003 unreported — awards in excess of $ 2.5 million dollars against each defendant

Jury Trial for compensatory and punitive damages, ICBC v. Sun and others, BC Supreme Court, 2003 unreported — awards in excess of $ 640,000 against numerous defendants

In order for a jury to award punitive damages against a defendant, the plaintiff must properly allege such damages throughout the case.

The court awarded the firm's client, previously a defendant in the criminal case, a permanent protection order against the alleged victim in that case and denied the alleged victim's request for a reciprocal order.

Such costs are often awarded, but Myers instead awarded costs against the defendant because the defendant had not provided information and documents, as he had been directed to do by the court, in a timely manner.

I see there is a recent 304 paragraph decision in B.C. — Newman et al v. Halstead et al, 2006 BCSC 65 — in which the court awarded damages totalling $ 681,000 against an individual defendant (who did not appear at the trial, hence there was no defence per se) for her liability in making defamatory statements on her website, chat rooms and email about various teachers in which she made allegations of misconduct and allegations that the School Board mishandled or covered up this activity.

An award of damages; the receiving of a favorable judgment; the winning of a lawsuit; a decree of a court granting the plaintiff part or all of his claim or claims against a defendant.

Under the current Act, costs may not be awarded against the Public Trustee when it represents a defendant without success, but has acted reasonably and in good faith.

Arbitration — Claim in arbitration rejected and costs awarded against claimant — Appeal against arbitration award for serious irregularity — Application by defendant for security for the costs of the application and security for the costs award — Effect of claim being funded by litigation funders — Arbitration Act 1996, sections 68 (2)(d), 70 (5) and 70 (6).

An award of double costs against the defendants, MacDonald and Janet MacDonald, for trial preparation, attendance at trial and written argument and an award of ordinary costs for time spent in preparing Patriquin for testimony is very reasonable.

However, in some cases, juries and courts can award what are called «punitive damages,» which are designed to punish defendants who have behaved recklessly or intentionally against the public's interest.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

Mark counts among his many successes his role as co-counsel in a complex products liability action, which resulted in the largest personal injury award in the State of Delaware at the time of its completion, $ 17.5 Million against a number of national defendants.

Two days after filing its motion to vacate the First Award, Weirton filed this action, asserting various claims against Quorum, Community Health Systems, Inc. («CHSI»), and individual defendants.

Three weeks later it was revealed that four months earlier the defendants had signed a settlement agreement in which they agreed to end their respective crossclaims against each other and proportionally share any damages awarded in agreed percentages, thus ending their adversity on liability...

In the end the court awarded the defendants the sum of $ 40,000 in costs against Mrs. Berg.

The Ninth Circuit affirmed the fee award as against all defendants but T - Rack.

Obtained reversal of a trial court's refusal to enforce terms of several promissory notes and award of damages to defaulting defendant and succeeded on issue of first impression regarding who has standing to raise an Unfair Trade Practices Act claim against a lender.

Obtained a $ 20 million compensatory damage award, a six - figure award of sanctions for discovery abuses against the Defendants and counsel, and a recommended $ 10 million award of punitive damages.

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.

One of his cases still holds the record for a UK jury award of defamation damages against an insured defendant.

On the first one where $ 440,473 in fees was sought, the trial judge made some lodestar reductions for efficiency and deduction of hours spent against defendants for which no recovery was had, and then made a.4 further reduction for limited success in the case, bringing the fee award down to $ 167,116.32.

5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.

This will allow insurers / defendants to avoid having to make the kind of inflated offer they had to previously — not in keeping with their view of the true value of the claim — in order to protect themselves against adverse costs awards — a very positive development.

The court denied plaintiff's motion for summary judgment that individual defendant was liable for the default judgment awarded plaintiff against corporate defendant because plaintiff failed to pierce the corporate veil.

What happened below was that a trial judge erroneously failed to honor plaintiff's dismissal of an action, striking it and then going forward to award discovery sanctions and attorney's fees against plaintiff and in favor of the defendant.

A Richmond Circuit Court sets aside a $ 250,000 jury award for plaintiff in her suit against defendant Chesterfield County police officer on a claim of malicious prosecution; applying a 2011 Virginia Supreme Court case, the court says defendant officer investigated...

The U.S. Supreme Court, in Goodyear Tire & Rubber Co. v. Haeger, No. 15 - 1406 (SCOTUS April 18, 2017), clarified the standard to be used by district judges in imposing «inherent power of the court to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was settled.