Sentences with phrase «award under the statute»

Prior to the class being certified, CE Inc. offers Josephine the maximum amount she could be awarded under the statute.

A self - represented Applicant won an award of $ 5,000 from the Federal Court today in Nammo v. Transunion of Canada Inc. for violations of the Personal Information Protection and Electronic Documents Act (PIPEDA), the first time that damages have ever been awarded under this statute.

Not exact matches

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

These grants are awarded to state educational agencies and other state entities, charter management organizations (CMOs) and other non-profit organizations and represent the first cohort of new awards under the program's new authorizing statute, the Every Student Succeeds Act (ESSA).

The Secretary shall award a grant under this section to any State that enacts and enforces a statute that meets the requirements set forth in subsections (b) and (c).

Under written credit contracts such as car loans, mortgages, and so forth, creditors retain the right to decide which state to sue in, so always expect creditors to choose the state with the longest statute of limitations and / or the state with the greatest amount of award!

The Court noted that although enhanced damage awards are discretionary, they must be consistent with a pattern laid out in over 180 years of case law under the Patent Act and earlier statutes.

First, it was not a «fine, penalty or forfeiture» but more like an award of costs to a prevailing party under fee - shifting statutes.

The Crown Prosecution Services» designated case workers (DCWs)-- controversially awarded more power under statute this month — have been renamed associate prosecutors.

Suppose a plaintiff (let's call her Josephine) sues a company (let's call it CE Inc.) under a statute that sets out the maximum remedy that Josephine could be awarded for CE Inc's violation of that statute.

The estate can only recover damages up to the point of death; under the survival statute, the jury can not award losses for the death itself or subsequent losses for the family.

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»).

After moving for $ 241,647.20 in attorney's fees under Business and Professions Code section 7168 (a fee shifting statute allowing mandatory fees to a «prevailing party... in any action between a person contracting for construction of a swimming pool and a swimming pool contractor arising out of a contract for swimming pool construction»), the trial judge awarded only $ 31,888.57 because he concluded that no post-void determination fees were allowed because the contract was unenforceable.

Under that provision, the Superior Court of Justice may award damages, not exceeding $ 10,000.00 for mental anguish resulting from the willful or reckless contravention of the statute.

In the dual cases of Octane Fitness / Highmark, the U.S. Supreme Court adopted a very flexible «under the circumstances» test for awarding attorney's fees under a patent - fee shifting statute for «exceptional» cases.

5 Aug. 15, 2016)(unpublished), plaintiff won a $ 199,000 damages award on age harassment / discrimination claims and sought $ 421,130 in attorney's fees (inclusive of a 1.5 multiplier) under FEHA's discretionary fee - shifting statute.

2 May 3, 2017)(unpublished), a trial judge in a class action case awarded $ 29,409 in attorney's fees to class counsel under the private attorney general statute based on the percentage - of - recovery method rather than the lodestar method.

Who says that fee and costs awards under California's private attorney general statute can not be substantial in nature?

Then, under CCP § 1021.5 (the private attorney general statute), the trial judge awarded fees of $ 6,160,416, although determining that no fees were allowable under Labor Code section 2802 based on plaintiffs» abandonment of certain claims.

«Deadlines, Special Fee Shifting Statutes: Although Timely Filed, Motion For Defense Costs Under CCP § 1038 Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment Motion Main Construction: California Supreme Court Decides That Prompt Payment Statutes Relating To Direct Contractor - Subcontractor Retention Withholdings Can Only Relate To The Relevant Specific Payment Otherwise Due Rather Any Dispute Between The Parties»

Under the statute, any award of grandparent visitation shall not be less than 24 hours in any given month.

Affirming the trial court's judgment, the appeals court provides a useful summary of the type of proof needed to sustain constructive fraud and slander of title claims in the construction lien setting and when attorneys» fees can be awarded to prevailing parties under Illinois» mechanics lien statute, 770 ILCS 60/1 (the Act).

Similarly, under a statute which allowed for bylaws concerning «all or part of the costs of the disciplinary proceeding,» and although regulations provided for a licensee to pay «all or part of the costs of the disciplinary hearing, including (i) per day fees for members of the Discipline Committee, (ii) counsel fees, (iii) reporter fees, (iv) facility charges, and other charges associated with the hearing», a court found such award to be subject to the same reasonableness standard of review as is the rest of the substantive disciplinary decision.

Under Texas statute, caps apply to medical malpractice awards and to certain types of punitive damage awards.

Although Menchaca is not a case involving payment of an appraisal award, the Texas Supreme Court used it to provide clarity regarding the relationship between claims for an insurance policy breach and Insurance Code violations and applied five rules governing how claims under the policy and claims under the statute relate.

However, after determining that separate property and pre-separation community income fiduciary breaches could not give rise to sanctions under Family Code section 1101 and reversing 4 of 16 listed fiduciary duty violations, the Sixth District determined that section 1101 (g), a mandatory fee statute, could not support a fee award as far as the 4 reversed breaches were concerned.

The statute setting a $ 250,000 limit on punitive damages awards violated the right to jury trial under the State Constitution.

The split - recovery statute allocating 60 % of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitution.

The Supreme Court has held that where a statute permits attorney's fees to be awarded to the prevailing party, the attorney who prevails in a case brought under a federal statute as a pro se litigant is not entitled to an award of attorney's fees.