Sentences with phrase «claim statutory damages»

it enables you to claim statutory damages and attorney fees if you register the work within three months after publication or before infringement occurs

Not exact matches

With a registered copyright, you're entitled to claim not only actual damages, but statutory damages and attorneys» fees as well.

The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»

As a general point, the statutory time limit for bringing a claim for damages for personal injuries is three years from the date of the incident.

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.

This consent order involves violations by the foreign air carrier Emirates of Articles 17 and 19 of the Montreal Convention1 and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712, in connection with monetary claims resulting from damage, loss, or delay to baggage checked on Emirates» flights to or from the United States.

In the US, registering that copyright simply provides a few statutory rights when it comes to claiming damages — and it should only cost you $ 35 to apply for it online (as of March 2018).

«Violations of the ATR requirements can lead to affirmative claims against creditors and defensive claims against assignees for potentially significant monetary damages consisting of actual damages, $ 4,000 in statutory damages, a refund of finance charges paid at closing, and three years of interest actually paid and attorneys» fees.

There are statutory time limits to filing a civil claim for damages, and we recommend that you engage the services of a competent quadriplegia accident lawyer as soon as is reasonably possible after the accident.

In a July 5 opinion, the Wisconsin Court of Appeals, District 1 (Milwaukee County), found the statutory $ 750,000 cap on noneconomic damages arising out of medical malpractice claims was unconstitutional.

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.

Just because the employer was permitted to limit his notice entitlement to no more than statutory minimums did not, by itself, vitiate any possible claim to other forms of damage.

All damages in medical malpractice claims involving government - operated medical providers are paid through this fund — up to the statutory cap of $ 500,000.

«Second, there are the numerous statutory limits on jury trials, such as workers» compensation, no - fault auto claims, state tort claims acts and the like, which remove the right to jury trial altogether or limit the damages that can be awarded,» he says.

258.2 Sections 258.3 to 258.6 apply only in respect of a claim for loss or damage from bodily injury or death arising from the use or operation, after section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into force, of an automobile in Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule.

We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated.

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.

If you get sued they do not need to demonstrate financial loss - copyright claims can either be pursued for actual or statutory damages, that is, a fixed amount per violation.

See for example, the Court of Appeal's decision in Keam v. Caddey 2010 ONCA 0565, where the defendant refused to mediate on the grounds that the plaintiff's claim did not meet the statutory threshold for damages.

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Eco Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ECO ACTIVITIES REFERRED TO ABOVE.

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).

Representation of a major international insurer in a Massachusetts statutory bad faith action in which the injured plaintiffs sought more than $ 40 million in compensatory and punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

The Judge stated at [41] «Nor do I think it is fair to draw the inference that the appellant made this calculation, namely «let's win in the Employment Tribunal, maintain before the Employment Tribunal that my claim for damages is surely unlimited as to time, pocket those damages calculated on that basis and then come back to the High Court in due course and see how far we get with the statutory appeal».

The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of «voluntarily» remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the policyholder.

Because of these injuries and damages, plaintiff sued the town claiming that because they breached their statutory duty of care, the town acted negligently.

The issue was whether the judge was right to conclude that it is open to a court, in the absence of statutory authority, to order a closed material procedure for part (or, conceivably, even the whole) of the trial of a civil claim for damages in tort and breach of statutory duty.

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 TCPA, originally intended to provide «Joe Q citizen» with the ability to seek relief in small claims courts for violations of its prohibitions on certain calls (such as prerecorded calls and faxed advertising), has become a favorite of the plaintiffs» class action bar due to its generous statutory damages.

If the relevant consumer protection law has a minimum $ 5,000 statutory damages amount for some claims covered by the clause, this clause would prevent it from being invalidated, while allowing the merchant to still have access to the consumer unfriendly arbitration forum in which class action lawsuits are probably also barred while class action lawsuits would not be in court.

It should not cover damages for injury sustained otherwise than in road traffic accidents, for example, employer's negligence or breach of statutory duty, claims against local authorities or occupiers, nuisance claims or assault claims.»

In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate...

After the verdict, the defendants brought a «threshold motion» (Shaw v. Mkheyan, 2017 ONSC 851) for a declaration that Mr. Shaw's claims for general damages and future care costs were barred on the basis that his injuries did not fall within the exceptions to the statutory immunity provided for in sections 267.5 (3)(b) and 267.5 (b) of the Insurance Act, RSO 1990, c. I. 8 and the applicable regulations (the «threshold provisions»).

The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of «voluntarily» remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...

2013)(successfully obtained published Eighth Circuit decision reversing district court's dismissal of two consumer class actions on the grounds that that consumers lack injury - in - fact for purposes of Article III standing to pursue a claim for statutory damages arising out of federal notice requirements)(briefed and argued)

In this program, we engage Nesson's key arguments, focusing especially on Nesson's claim that copyright law's statutory damages regime runs afoul of constitutional protections against excessive and / or arbitrary civil damages awards.

Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.

Thus, a majority were of the view that the existence of the statutory scheme would not foreclose a common law claim for damages for the manner of dismissal if that was contrary to the intention of the parties.

Is service of a statutory demand a proper course where there is a well established claim for breach of contract worth at least # 750 in general damages, but there is a substantial dispute about whether the claim has a value of much more than # 750?

In the claim against the seller, the court granted default judgment for Plaintiffs and awarded $ 2,000 in statutory damages.

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