Sentences with phrase «claim for punitive»

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract

Prohibits a plaintiff from filing a claim for punitive damages unless the plaintiff can show evidence of willful or wanton action that would justify such a claim.

The judge authored the section of his reasons dismissing Ogden's claim for punitive damages.

Or if a person has caused a wreck before because of cell phone use, then there could be a potential claim for punitive damages.

A claim for punitive damages was abandoned before trial.

When aggravating factors are involved in a claim such as alcohol, drugs or use of a cell phone while driving, we may pursue a claim for punitive damages.

A decision held in 2004 held that a Jones Act seaman who brings a claim against a non-employer or third party, might assert a claim for punitive damages.

Because of its unique characteristics, a claim for punitive damages needs especially careful consideration by a personal injury lawyer.

Most recently in the 2015 decision Bansal v Maxsys Staffing and Consulting Inc. 4 the plaintiff, a dismissed recruitment agency account manager working as a dependent contractor, pled the following in support of his claim for punitive damages as a result of systemic wrongdoing:

This is not to say that individuals who have a lawful claim for punitive damages should not seek them, but it is important that they have the experience of an attorney to assist them in this sort of claim.

According to the law in South Dakota, a plaintiff must conduct a reasonable investigation to support a claim for punitive damages.

In the case of Taylor v. Superior Court (1979) 24 Cal.3 d 890, 892, the test was articulated for a sufficient allegation of malice in drunk driving cases so as to support a claim for punitive damages.

If the initial complaint or other earlier filings had contained a claim for punitive damages, or even an allegation that the defendants acted maliciously, willfully, recklessly, wantonly, fraudulently, or in bad faith, the Court would have likely allowed the punitive damages issue to be heard by the jury, and the plaintiff may have received a larger award at the conclusion of the case.

The trial judge's findings on the claim for punitive damages undermine the finding of conduct that was sufficiently egregious as to give rise to a claim of aggravated damages.

Mr. Sbaraglia also sought to add a claim for punitive and aggravated damages.

On July 15, 2016, immediately before a hearing was to be held on Plaintiff's motions to depose the CEO of Takata and to amend the complaint to plead a claim for punitive damages, Mr. Leopold successfully resolved the case.

The decision also considered and denied the plaintiff's claim for punitive damages.

timely responses to communications by email and telephone timely production of documents especially medical counsel for plaintiffs advising their clients about early settlement and realistic expectations counsel for defendants advising their clients to attend mediations with sufficient settlement authority expertise in a particular area of law posturing and egotism on both sides claims for punitive damages where none are warranted under law preparation for significant events such as examinations for discovery and motions accountability for the consequences of steps taken or delayed unnecessary or defensive crossclaims and third party claims by defence counsel regional differences (some local bars are more collegial than others)

He rejected McIntosh's claims for punitive and aggravated damages but did award her partial indemnity costs of $ 6,500.

It is defined differently in different states and jurisdictions, however, most jurisdiction, including California define the civil lawsuit proof standard as «by a preponderance of the evidence» for most types of claims and, the slightly higher standard of «clear and convincing evidence» for claims for punitive damages (damages meant to punish the defendant rather than just compensate the victim).

And because plaintiffs did not quantify compensatory damages, the court found that the claims for punitive damages could not stand either.

The vast majority of claims for punitive damages in wrongful dismissal cases in Canada are dismissed.

The RFP states that ICBC will require that lawyers retained to act as part of a legal team for ICBC decline to act against it in bringing actions which include allegations of bad faith or claims for punitive, aggravated or exemplary damages.

The defendant moved to strike the fraudulent conveyance allegations and claims for punitive damages from the Statement of Claim.

Not exact matches

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Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys» fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.

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Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distclaims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distClaims Act on negligence claims against school distclaims against school districts.

The Mortgage Bankers Association (MBA) has written to HUD pleading for a break, claiming that new HUD foreclosure policies are punitive and arbitrary — fancy language from a special - interest group asking for a special favor.

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Ms. Townsend reports that as part of the settlement, Pfizer made cash offers to over 300 other dog owners across the country to settle claims for death or injury to the dog, veterinary expenses, property damage, emotional distress and punitive damages.

UPDATE: The case was settled after the verdict of $ 160 million in lost wages came down but the claim for an additional $ 483 million in punitive damages was still pending against the Cosmopolitan.

Harder's letter claims the book includes false statements about Trump that «give rise to claims for libel» and the possibility of «substantial monetary damages and punitive damages.»

The employee commenced a civil action for wrongful dismissal, claiming aggravated and punitive damages and damages for intentional infliction of mental shock.

The court refused to consider the plaintiff's claim at trial for punitive damages under the guise of the claim for special costs.

• Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, Montana Fifth Judicial District Court (2010): $ 600,000 jury verdict and additional award of punitive damages for breach of contract, deceit, abuse of process and other claims.

This would be the only way to protect those claims for aggravated and punitive damages that would be eventually borne out by the evidence.

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

On the one hand, the court in Sbaraglia notes that claims for aggravated and punitive damages should not be made lightly.

Notwithstanding the decision of the Supreme Court of Canada in Keays nearly a decade ago, the door appears to be nudging open for claims to either aggravated or punitive damages absent such evidence.

The employee had also claimed additional amounts for aggravated and punitive damages, as Pacific Coast Terminals breached its duty of good faith and fair dealing in the manner of dismissal.

He claims $ 50 million in compensation for the proposed class members and punitive damages of $ 1 million.

She made various claims against the defendant, including: breach of privacy or intrusion upon seclusion; pecuniary damages for appropriation of personality; and punitive damages.

To be heard by the jury, an allegation for punitive damages must contain a claim that the defendant «acted maliciously, willfully, recklessly, wantonly, fraudulently, or in bad faith.»

Therefore, the disputed matters were the amount of compensatory damages for breach of contract and plaintiffs» fraud (and punitive damage) claims.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

Our lawyers have obtained some of the highest jury awards for punitive damages ever awarded for fraud claims in Canada.

Motion to be heard 12 (1) If a defendant against whom a proceeding is brought or maintained considers the whole of the proceeding or any claim within the proceeding has been brought in response to their expression or public participation, the defendant may, subject to subsection (2), bring an application for one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintifor one or more of the following orders: a) To dismiss the proceeding or claim, as the case may be; b) For costs and expenses; c) For punitive or exemplary damages against the plaintiFor costs and expenses; c) For punitive or exemplary damages against the plaintiFor punitive or exemplary damages against the plaintiff.