Sentences with phrase «case statutory damages»

But, other consumer protection laws make false statements actionable, even if there is no reliance upon the statement or harm caused, in which case statutory damages might be recoverable.

Not exact matches

Bills in the package would also raise civil penalties for Violations And Create An Avenue for Housing Courts to award statutory, compensatory and punitive damages as well as attorney's fees and costs for harassment cases.

Brite had sued in a Texas county court, a court of limited jurisdiction that lacks authority to hear cases with a value in excess of $ 100,000, excluding interest, statutory or punitive damages and attorney fees, as alleged on the face of the petition.

Whether there will be some limit to statutory damage enforcement will be an interesting element of the Facebook case — though the defendant hasn't anywhere near the resources to pay the full amount anyway, apparently.

The interesting aspect of the Facebook case is that the damages were statutory, i.e. calculated according to a formula in the statute (CAN - SPAM Act) rather than according to any demonstrated loss to Facebook.

In this case, the issue was whether the non-pecuniary damages award of $ 50,000 should be reduced by the statutory deductible in force at the time of the accident ($ 30,000), or the statutory deductible in force at the time of judgment ($ 36,540).

This is obviously a different standard and each case should be looked at under its specific facts to determine whether it falls under a statutory punitive damages claim or a common - law punitive damages claim.

With the strength of insurance companies and statutory damages caps, medical malpractice cases tend to favor defendants.

The issue is whether Wisconsin's $ 750,000 statutory limit on noneconomic damages in medical malpractice cases is unconstitutional.

Wisconsin's statutory cap on noneconomic damages for medical malpractice cases has taken many twists and turns over the past 20 years.

In a post on this site last November, «Why the new s. 258.3 (8.1) of the Insurance Act will retroactively scale back prejudgment interest rates in MVA actions,» I stated that the statutory amendment reducing the rate of prejudgment interest for non-pecuniary damage awards (damages for pain and suffering and the non-pecuniary portion of dependent family claims) in automobile tort cases must be applied retroactively.

Statutory Fee - Shifting Provisions Can Have Real Force In A Case For A Prevailing Party, Even If The Compensatory Damages Award Is Much Less Than Requested Fees.

I think it is fair to say that with respect to pain and suffering, you have to value a leg amputation case in Maryland on damages as the statutory cap on damages plus Plaintiff's economic expenses.

The public trust doctrine has not been widely discussed in Canadian case law with the only significant mention being by the Supreme Court of Canada in British Columbia v. Canadian Forest Products Ltd., 2004 SCC 38 at para. 74 where Binnie J. acknowledged that «The notion that there are public rights in the environment that reside in the Crown has deep roots in the common law» (however, the majority decision ultimately took a conservative approach to not allow the Crown to succeed in a general claim for damages for «environmental loss» [caused by a negligently undetected controlled burn of slashing and other waste by a logging company] in the absence of a statutory scheme permitting such a claim).

In some types of cases, you can ask for «statutory damages» (damages specified by a statute or regulation).

Copyright law's allocation of statutory damages proved harsh in this case, with the jury deciding to award $ 9,250 per song, when it could have gone as low as $ 750.

The total damages amount in the first case ($ 929 million after two trials, but prior to the appeal, which Samsung filed last week) was $ 929 million, but the bulk of that was related to design patents and trade dress, i.e., intellectual property rights for which U.S. statutory law explicitly allows damages theories (disgorgement of infringer's profits) that are legally unavailable for utility (i.e., technical) patents.

Given these facts and statutory damage awards in other cases, this court concludes that $ 5,000 is reasonable and necessary as a statutory damage award in this case, and will have the requisite deterrent effect on the defendant.»

Claims for general damages in automobile cases are subject to a statutory threshold test.1 If a person injured in a motor vehicle accident meets the threshold test, a statutory deductible applies.

At issue is whether and to what extent a laches defense may bar a claim for damages in patent infringement brought within the Patent Act's six - year statutory limitations period, notwithstanding the Supreme Court's 2014 decision in «Petrella v. Metro - Goldwyn - Mayer,» 134 S. Ct. 1962 (2014)(the so - called «Raging Bull» case, so named because the lawsuit involved copyright issues surrounding the script for the 1980 Martin Scorsese film).

The nature and extent of recoverable damages are assessed by the Courts on a case - by - case basis, except for rare cases where statutory damages are permitted by law (for ex.

The technical community is following such cases with both interest and trepidation, as we expected suits against individuals to be rare, and limited to $ 100 to $ 5,000 statutory damages by the recently enacted Bill C - 11.

In the case of commercial infringement, the statutory damages provisions allow for a range of damages between $ 500 and $ 20,000 for all infringements relating to each work.

(Wis., Filed August 11, 2017): Arguing that the statutory limit on noneconomic damages in medical liability cases is constitutional.

Sheffner provided two justifications for statutory damages in copyright cases: 1) to give copyright owners relief for their injuries in cases where the court would have difficulty proving damages and 2) to punish the infringer (s) and discourage others from future violations.

In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $ 200.

In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $ 150,000.

In the case of TCPA plaintiffs, counsel should avoid the temptation to rely on the fact that the TCPA provides for statutory damage.

Under the general principles of common law, if you hire an appraiser, and there is no contractual or statutory waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.

WISCONSIN APPEALS COURT STRIKES DOWN MEDICAL LIABILITY LIMIT In July 2017 a Wisconsin appellate court struck down the state's statutory limit on noneconomic damages in medical liability cases, holding that lawmakers» $ 750,000 limit was arbitrary and unfairly burdensome to catastrophically injured plaintiffs.

Potential class members, including employees and prospective employees, may be entitled to statutory damages of up to $ 1,000 for each violation in the case of will non-compliance.