Sentences with phrase «by the damages awarded»

The correct test where the claim has a real prospect of success is in three stages: to consider (i) whether the children had a seriously arguable case that they would succeed at trial in obtaining a proprietary interest in the property; and if so (ii) whether either or both parties would be adequately compensated by a damages award; and if not (iii) where the balance of convenience between the parties lies.

This is in keeping with the principle that an injured party is entitled to be compensated and made whole, but not bettered by a damage award, as explained in Meunier [3].

A CLAF, once set up and running, would become a self - financing scheme, paid for by the damages awarded, covering both operating costs and the costs associated with losing cases.

Not exact matches

In most cases, though, they are financial investments in which backers are motivated by the potential proceeds from a large damage award.

According to a report published last fall by the Mental Health Commission of Canada, awards for damages caused by «mental injury» in the workplace have soared 700 % over the past five years.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.

In Germany, the cities of Würzburg and Hagen were awarded damages for losses caused by interest rate swaps.

To the extent permitted by law, we are not liable for any loss (including indirect and consequential loss) or damage or personal injury suffered or sustained in connection with the Awards including the supply of goods or services by any person to you, and where applicable to any persons accompanying you.

A Finra arbitration panel has awarded Morgan Stanley $ 6 million in compensatory damages, to be paid by former broker Barry Connell.

The court was asked to order Campus Crusade to turn over any revenue earned by the children's video, to award damages and, finally, to restore all film rights to the Genesis Project.

INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.

Compared with a dead or damaged baby, the case of a woman claiming she did not give informed consent, or was traumatised by unnecessary treatment, even if proved, would make little impact in terms of the financial award.

By participating in the Twitter Party, participants release and agree to hold harmless the Twitter Party Hosts, Sponsors and their respective parent companies, affiliates or related companies, directors, employees, officers and agents, including without limitation, her advertising / promotion agencies from any and all liability, injury, loss, or damage of any kind, including but not limited to personal injury or death, arising from or in connection with participation in the Twitter Party, or the awarding, receipt, possession, use or misuse of any prize and / or with respect to participation in any prize - related activity.

By entering, all Participants also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with each Participant's participation and / or entry in the Promotion and / or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotion - related activity or participation in this Promotion.

Five Michael Jackson fans have been awarded one euro each by a French court for the «emotional damage» they suffered after the pop star's death.

Grant amounts will be based on Federal Emergency Management Agency assessed damage levels as well as applications for new infrastructure and other mitigation, and will be awarded once a community's plan is approved by the state.

Press Release from Eliot Engel's Office Congressman Eliot Engel announced last week, that $ 20 million in federal funds were awarded to New York State for emergency repairs of roads damaged by Hurricane Sandy.

The billionaire kidnapper is asking the court to award him N300m as exemplary damages for his alleged illegal detention and the alleged harm caused by his media trial.

In 2012, a jury in Central Islip found no wrongdoing by Nassau County police and declined to award damages.

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.

The same survey showed almost three quarters believe bereavement damages should be awarded on a case by case basis.

According to the Times, one of the men who accused Bernard Spitzer of firing them because of the color of their skin was Anthony Haydenn, who was awarded $ 200,000 by a jury in 2008 — $ 100,000 in lost wages, $ 25,000 for emotional distress and $ 75,000 in punitive damages.

A Senior Advocate of Nigeria, Mr. Rickey Tarfa, has urged the Lagos State High Court in Igbosere to award N500m damages against the Economic and Financial Crimes Commission in his (Tarfa's) favour for what he termed his wrongful prosecution by the anti-graft agency.

Congressman Eliot Engel announced last week, that $ 20 million in federal funds were awarded to New York State for emergency repairs of roads damaged by Hurricane Sandy.

But it is strongly opposed by the deep - pocketed medical establishment, which has argued that many of the states that have similar measures in place also have caps on pain and suffering awards and limits on total damages.

Governor Andrew Cuomo announced last week that Southold Town has been awarded a $ 30,000 grant to cover the costs of damages caused by Hurricane Sandy at Cutchogue's Downs Farm / Fort Corchaug Preserve.

Lavern's Law has been strongly opposed by the deep - pocketed medical establishment, which has argued that many of the states that have similar measures in place also have caps on pain and suffering awards and limits on total damages.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

In closing, Rosner points out that even if large sums awarded by the courts reach the communities in need, those funds will never be enough to alleviate the damage already done.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

A one - year sabbatical at NASA turned into two years funded by the German Research Foundation (DFG), at the end of which awaits another accolade: Dr Moreno - Villanueva's idea for developing an automated diagnostic procedure for the detection of DNA damage in space has been awarded a $ 10,000 funding grant by NASA's Johnson Space Center.

Scientists at the Bar Harbor - based MDI Biological Laboratory have been awarded a patent — the first for the lab — for MSI - 1436, a potential new heart disease drug that stimulates the repair and regeneration of heart tissue damaged by injuries and heart attacks.

Study using disabled form of HIV in gene therapy wins highest award from Clinical Research Forum; others cited for advances revealing damage caused by long - term cortisone shots to treat arthritic knees; and gene replacement therapy for infants with deadly neuromuscular disease

Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

Hood and Eye In The Sky was awarded for its powerful portrayal of the ethical dilemmas posed by drone warfare, including how political and military leaders assess «collateral damage» — a term for which the film provides much - needed humanity.

Doctor Strange has him working with The Vision's Eisner Award - winning art team of artist Gabriel Hernandez Walta and colorist Jordie Bellaire, and the first thing he did was completely upend the status quo for Stephen Strange: Loki is the new Sorcerer Supreme, Stephen is a veterinarian, and the Sentry is now a major part of the book's cast, used by Stephen to absorb the physical damage caused by using magic.

The Minnesota Supreme Court has upheld an $ 820,000 compensatory - damages award won by the North St. Paul - Maplewood school district from the producer of an asbestos fireproofing spray used in a high school built in 1969.

However, the court last month overturned $ 4.2 million in punitive damages awarded in 1990 by a state court jury in Independent School District No. 622 v. Keene Corporation.

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.

Mar 21, 2017 — Honda and its award - winning and versatile Ridgeline pickup have helped restore the OFA Little League facilities in Houston, Texas, which were damaged by consistent flooding throughout 2016.

A damage award can be agreed upon after a negotiated settlement — among the parties, their insurance companies, and their attorneys, for example — or may be ordered by a judge or jury following a court trial.

Her second book, Mother Country: Britain, The Welfare State and Nuclear Pollution (1988), revealed the extensive environmental damage caused by the nuclear reprocessing plant at Sellafield, in the north of England; the book evolved from an essay that she wrote for Harper's Review and was a finalist for the National Book Award.

(c) By accepting the prizes, Winner releases and discharges MADEFIRE, its affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest.

The damages awarded shall not be less than the amount paid by the buyer to the credit services organization plus reasonable attorney's fees and court costs.

As an example of one, if a person is found guilty of having an automobile accident while under the influence of alcohol, the damages awarded in a lawsuit judgment can not be discharged by a bankruptcy.

If found by Sponsor to be in violation, Entrant agrees to pay all legal fees and damages incurred by Sponsor to enforce this provision, and, if applicable, return to Sponsor any award (s) received as liquidated damages.

The damages awarded may not be less than the amount paid by the buyer to the credit services organization and may include punitive damages.

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.