Sentences with phrase «compensatory award by»

Remember, that the plaintiff's contributory negligence can diminish the amount of the final compensatory award by the percentage of fault the defendant is assessed.

Not exact matches

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

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.

After finding petitioner Honda Motor Co., Ltd., liable for injuries respondent Oberg received while driving a three - wheeled all - terrain vehicle manufactured and sold by Honda, an Oregon jury awarded Oberg $ 5 million in punitive damages, over five times the amount of his compensatory damages award.

In this one, FEHA plaintiff prevailed by winning a compensatory award of $ 92,500.

In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $ 250,000 in compensatory damages and $ 530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by refusing to accommodate her and, after she exhausted FMLA leave, threatening her with discharge and pressuring her to retire if she did not return to work.

So, for example, the ceiling for the unfair dismissal compensatory award rises from # 58,400 to # 60,600 and a week's pay, used to calculate redundancy payments, the unfair dismissal basic and elusive additional awards and the state's liability to settle wages owed by an insolvent employer, is up from # 290 to # 310.

Coming to the compensation amount, however, it includes basic amount (in order to compensate the aggrieved employee for the loss of job security) and a compensatory award, which accounts for the financial loss suffered by the claimant due to the dismissal.

The problem is that judges at trial do not break down by percentage which part of a spousal support award was non-compensatory (means and needs based) or compensatory (assessing advantages and disadvantages the two spouses obtained or suffered during the relationship).

Justice Beach acknowledged that the plaintiff had already received damages from Yahoo, which provided some mitigation for damages under the Act, but awarded compensatory damages for vindication of the plaintiff's reputation, reparation of harm, and «consolation for the distress, upset and injury to the plaintiff's feelings occasioned by the publication.»

In a medical malpractice case, compensatory damage awards may include, but are not limited to, costs associated with follow - up treatment necessitated by the injury suffered and loss of income, if the injury resulted in the victim being unable to work.

According to DOJ, in 2005, compensatory damages awarded to plaintiff winners were reduced in 15 percent of tort trials, with such awards being reduced by 40 percent on average.

If the Employment Tribunal considers that the dismissal would have happened whether or not the proper procedure was followed, the compensatory award could be reduced by 100 %, so that the employee is left with the basic award only.

The general rule is that that settlements or awards that are compensatory in nature are not considered taxable income by the IRS because they are intended to compensate the plaintiff for a loss that has already been sustained, so awards should not be treated as new income.

The median judgment awarded for contracts cases is $ 35,000 compensatory and $ 68,000 punitively as cited by the Bureau of Justice Statistics study, revised in 2009.

However, a lawsuit is intended to bring about «compensatory» results — to put one in the position they would have been but for the wrong committed by way a monetary award.

Wife argues that the family court abused its discretion by failing to award her compensatory attorney's fees and expenses for her efforts to enforce the terms of the Final Decree.

You may award compensatory damages only for the loss that [the patent holder] proves was more likely than not caused by [the alleged infringer]'s infringement.

Of course, punitive damages are typically awarded with compensatory damages for the actual losses suffered by the person who died, his or her estate, and his or her loved ones.

$ 715,833.25 Base Lodestar Request By Plaintiff Was At Issue Where $ 351,100 Compensatory Award And Permanent Injunction Were The Result In The Case.

The court rejects a bid by the department to reduce the award, finding that the jury's calculations of back and front pay - and award of compensatory damages for pain and suffering - are supported by the record.

Represented client in obtaining a decision denying a motion JNOV by the Defendants seeking to overturn a jury's award of punitive and compensatory damages, inter alia, for tortious interference with contract.

D'Amore, of D'Amore Law Group, who represented a woman who was molested by an anesthesiologist while under sedation, has been awarded $ 950,000 in compensatory and punitive damages in her case against a hospital -LSB-...]

«The award here should be limited to an amount equal to compensatory damages,» Souter wrote, adding the high court ruling endorses a $ 507.5 million amount calculated by a federal trial judge in 2002.

Although Rabinowitz relies on several libel cases in which the amount of the compensatory damages awarded was lower than that awarded here, other libel cases reveal compensatory damages awards in amounts higher than those awarded by this trial judge.

In another case arising from tobacco litigation, Philip Morris USA v. Williams, No. 07 - 1216, the Court will consider whether a punitive damages award that is nearly 100 times higher than the compensatory damages award may be justified by the reprehensibility of a defendant's conduct, despite the constitutional requirement that punitive damages be reasonably related to the plaintiff's harm.

In a case where compensatory damages to the plaintiff are relatively low, such a result might be viewed as constitutionally suspect because of the supposed «disparity» between the «actual or poten - tial harm suffered by the plaintiff and the punitive damages award.»

The compensatory damages that may be awarded include reasonable funeral expenses, medical bills, financial contributions to the household that the decedent would have made had he or she lived, mental anguish, loss of companionship, and pain and suffering experienced by the decedent before dying.

He thought that the Trust should have capped its payment by assessing the maximum compensatory award and adding the payment in lieu of notice.

On that basis, there was a Polkey reduction of 100 % in the compensatory award because he would have been chosen anyway; a basic award was made, which was uplifted by 25 % for breach of the statutory procedure.

It has everything to do with a long awaited special, indeed, exceptional event... The holiday of a lifetime was ruined for them», Ward LJ accepted that a general compensatory award was proper; but the amount awarded by the trial judge had been excessive and disproportionate.

There's no indication in this report of any suggestion to modify perhaps the most troubling aspect of punitive damages: that the punishment imposed on the defendant takes the form of an economic windfall to a plaintiff (and plaintiff's attorneys presumably) who has, by definition, already been «made whole» by the compensatory portion of the damage award.

Limits the award of punitive damages to the greater of three times the award of compensatory damages or $ 250,000, unless the defendant caused the injury by driving while impaired.