Sentences with phrase «calculation of damages»

It is checked against the enemy's Defense in calculation of damage inflicted.

The plaintiff adduced no expert evidence, either on standard of care or calculation of her damage claim.

While there are many factors that determine the success of most personal injury cases, there are primary factors that are among the most important: determining defendant liability and calculation of damages owed to the victim or plaintiff.

In addition to her legal qualification, Daniella has a degree in business economics, enabling her to advise authoritatively on complex calculations of damages in disputed cases.

Interestingly, Google offered an undertaking as to damages to «tilt the balance of convenience in favour of a stay» [para 25], along with an offer to track traffic to the offending sites to facilitate calculation of damages.

Lord Hoffmann noted that the European Court of Justice (ECJ) has made it clear that the method of calculation of the damage the agent suffers as a result of the termination of relations with the principal is a matter for each member state — noting Honeyvem Informazioni Commerciali Srl v Mariella De Zotti: C - 465 / 04 [2006] ECR I - 02879.

Juror number six was all over it, fully engaged, every word that came out of your expert's mouth in the calculations of damages, was nodding her head.

The SCC — a calculation of the damage caused by each ton of carbon dioxide (CO2) emitted into the atmosphere — is a sort of «volume dial» for climate policy: The higher the SCC, the tougher (and more expensive) the regulations that policymakers will consider cost - effective.

This is, however, not the whole truth, because their calculation of damage costs is based on the DICE model of Nordhaus, which leads to much smaller values than some other approaches.

You should be aware that, although there are certainly no guarantees, and no official guidelines to the calculation of damages amounts by insurance agencies, there sometimes proves to be a formula, which can be referred to as the «3 to 1 Ratio,» by which Personal Injury attorneys / PI lawyers seek to settle cases for at least three times (3x) the total of medical and health care costs and expenses.

Whilst arguments surrounding gender inequalities may be more apparent in other areas of law such as employment, the calculation of damages in personal injury claims for men and women is a particular issue where inequality still lies and presents a clear distinction in how they are measured.

All of this information is relevant to the calculation of damages.

The Alabama Supreme Court reversed the judgment and remanded the case for a calculation of damages sustained by Bentley.

Reform of the 1948 Law Reform (Misc Provisions) Act 1948 could make a very significant difference to the calculation of damages.

Our attorneys have extensive experience managing the complicated world of discovery, calculation of damages, defense, settlement negotiation, insurance communication, and litigation.

The appeal decision reads that the trial judge «properly exercised his jurisdiction to consider the issue, and sensibly left it open to revisit the calculation of damages following the release of this court's decision.»

«In the result, by supplementary reasons dated March 22, 2016, the trial judge directed that the formal judgment provide that the damages awarded ($ 45 million) may be reduced on further motion to the Superior Court, if necessary, following the final disposition of any appeal from the trial judgment, to settle the process for determining the number and identity of the dealers entitled to share in that award and the calculation of those damages.»

Limited Scope of Mitigation of Damages in Employment Context The Facts In Marques v Delmar, the Ontario Superior Court of Justice makes a few interesting decisions in respect of reasonable notice and the calculation of damages.

The questions before the court were three part: 1) generally, the extent to which the reasonable notice provided by common law should be offset by the plaintiff's ability to secure alternative employment; 2) whether the plaintiff's monthly car allowance should have been included in the calculation of his remuneration; and 3) whether the plaintiff's bonus payment should have been included in the calculation of damages for wrongful dismissal.

Vivian Chapman QC and Edward Hewitt represented the successful appellants in this appeal against the finding of two prescriptive rights of way over their land and the calculation of damages for trespass.

With respect to the calculation of damages, the Court held that the trial judge erred by using only the 12 months before the plaintiff was benched.

2017 FC 637 - The FC addressed three outstanding issues in the calculation of damages and profits and ordered Nova to pay Dow over $ 644 million for infringing Dow's Canadian patent.

In addition, the calculation of damages can be...

The calculation of damages in cases of quadriplegia and paraplegia is extremely complicated.

Acting on behalf of the defendant in a # 1 billion claim in an international energy arbitration regarding a dispute in the calculation of damages and loss of earnings.

For example, in patent litigation, very often the calculation of damage becomes a problem, which is even more difficult in trade secret misappropriation cases.

Although the Plaintiff obtained employment insurance, as Justice Aitken observed, that fact did not factor into any calculation of damages.

Calculation of those damages would be problematic, as allowing the transaction between East African and Serengeti to proceed would alter the competitive dynamics of the market and therefore the levels of lost sales and goodwill would be «very difficult to calculate but... likely to be real».

We trust these professionals to provide us with the critical information that is necessary to support our theory of liability and / or our calculation of damages so that we can resolve your case successfully.

It would seem that not extending the contract was a less onerous way of the Crown performing the contract so far as the calculation of damages was concerned.