The trial
court reduced the award to $ 125,000 under applicable damages caps.
In the class actions Jeffery v. London Life Insurance Co. and McKittrick v. Great - West Life Assurance Co., the appeal
court reduced the award given by a trial judge to $ 220 million, from $ 390 million.
Not exact matches
Such
awards are usually appealed and are often
reduced by appeals
courts.
And given that Mr. Hogan has had financial ups and downs, the cost of the hundreds of motions his lawyers made is significant, and the chances the
award is significantly
reduced based on previous cases he lost making the same claims in federal
court, it's hard to completely understand the motivations at play.
«The
Court of Arbitration for Sport (TAS) has today informed Real Madrid CF the
award for partially estimating the appeal made by the club against the resolution of FIFA that imposed a penalty of prohibition of registration of players during two periods of signings,
reducing it to one, the window corresponding to January 2017,» read a statement from the club.
The DMV tentatively
awarded the contract to the high bidder 10 months after New York advised the current vendor, De La Rue North America Inc., that because of «significant budgetary constraints» the state would have to
reduce the cost of the contract, according to the
court filings.
According to him, the
court originally
awarded him GH cents 105 million, being four per cent of a 1.1 billion Euro facility he raised from Banc Austria, but the money was
reduced to GH cents 51.2...
Proof of public assistance, including Temporary Assistance for Needy Families (TANF) Reference from Integrated Community / Communidad Integrada (ciiccolorado.org) Two most recent pay stubs W - 2 1040 Proof of children in the
reduced - cost school lunch program Proof of unemployment benefits currently or within the last three months Proof of Food Stamps Latest
award letter for Social Security or disability payments Proof of Medicaid Extreme medical expense or other demonstrable extreme financial hardship
Court documents showing amount of child support or spousal maintenance
«Nintendo will appeal the jury's verdict and
reduced damages
award to the
court of appeals.»
Deloitte had asked for a cost
award to the plaintiff class of $ 90,000 and that that
award be further
reduced to around $ 72,000 to reflect Deloitte's cost of cross-examining the first representative plaintiff, who was rejected by the
court.
July 4, 2011 - In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271) despite The Jury
awarding a claimant $ 385,000.00 for pain and suffering and the Trial Judge
reducing the amount to $ 327,350.00, the
Court of... Continue reading →
Although a jury may provide a higher
award, the
court will
reduce the amount of the
award to comply with the damage cap law after the verdict is rendered.
The amount of fees was reasonable given that the lower
court reduced the requested fees by 40 % to eliminate an
award to plaintiff on unsuccessful claims.
A jury
awarded her and her husband $ 1.5 million in damages for pain and suffering, but lower
courts reduced that amount to $ 500,000 due to limits in the medical malpractice law, which was passed after the case was decided in 2003.
If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the
court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively
awarding interest at a
reduced rate; • Depending on who is at fault the
court can also order payment of a higher interest rate of up to 10 % above base rate.
The
court also ordered a new trial on the issue of non-economic damages, should the woman's estate refuse to accept the
reduced award.
In its April 2010 ruling, the Supreme
Court adopted a rule that, ultimately, will
reduce that monetary
award by several million dollars.
In a stunning personal injury decision the Supreme
Court has
reduced a damage
award for a brain injured 27 year old claimant.
-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District
court in Civil Asset Forfeiture Reform Act case which substantially
reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee
awards involving fee claimant's attorneys.
In the
Court of Appeal's decision, Laskin J.A.
reduced the punitive damages
awarded at trial by a significant amount.
Mr. Keays» has also cross-appealed from the Ontario
Court of Appeal decision
reducing the $ 500,000.00 punitive damages
award he received at trial to $ 100,000.00.
One case saw a $ 4.5 - million
award reduced to just $ 675,000 on appeal, while another lost out on a $ 2.5 - million jury
award when the appeal
court reversed the decision.
Reasons for judgement were released today by the BC Supreme
Court, Vancouver Registry,
reducing a Plaintiff's pain and suffering
award by 20 % for failure to take reasonable steps to mitigate damages.
As a result, the
Court of Appeal
reduced the amount of damages
awarded to Mr. Pirani.
The
court may
reduce the amount of damages
awarded or even decide not to
award any damages as of the date on which the employee failed to satisfy this duty.
As such, the
court found that he had some responsibility for ensuring the employment agreement was valid prior to signing, which it was not, and
reduced the notice
awarded.
While the amount of wrongful death damages was
reduced by the appellate
court, the
award is believed to be one of the largest in Louisiana for a victim of asbestos - related lung cancer.
In case involving First Union National Bank's violations of the Fair Credit Reporting Act, Sixth Circuit holds that 1 - to - 1 ratio of punitive to compensatory damages is maximum federal due process will allow: And because the compensatory damages total $ 400,000, the district
court's original
award of $ 2,628,600 in punitive damages must likewise be
reduced to $ 400,000.
The
Court proceeded to hold that the Council's various breaches of duty required that the scores
awarded to EAS be
reduced by a total of 40 marks, and that the marks
awarded to Woods» tender must be increased by 6 marks.
In
reducing the
award to $ 30,000 the
Courts took into consideration that both wished to benefit their children and not their spouse.
The Ontario Superior
Court of Justice recently
reduced the notice period
awarded to a wrongfully terminated employee for his failure to properly read his contract before signing on the dotted line.
In
reducing the original punitive damages
award, the
Court of Appeal balanced the legitimate objective of «punishing» the employer against a requirement of proportionality based on the specific facts of the case.
But «a judge
reduced the
award to $ 5 million, then the federal appeals
court in Richmond, Va., threw out the verdict altogether as barred by the church's First Amendment rights.»
The
Court of Appeal11
reduced the punitive damage
award to $ 100,000 against Wal - Mart and $ 10,000 against the manager.
The
Court of Appeal overturned a decision by a trial judge to
reduce a claimants
award by 10 % for refusing to undergo cortisone injections.
Should the
court find that the employee does not have a legitimate reason for delaying his or her job search, the
court may
reduce the notice period
awarded to the employee.
The
Court went on to
reduce this
award by 10 % finding that the Plaintiff failed to mitigate his damages by not attending physiotherapy which was recommended by his treating physicians.
In other words, if a dismissed employee is entitled to 10 months reasonable notice and 18 weeks» notice and severance pursuant to the ESA, the
court will
award the dismissed employee damages representing 10 months» notice and, presuming the ESA entitlement has been paid, will
reduce the
award of damages for the money already paid to the employee during the notice period.
In University of British Columbia v. Kelly, 2015 BCSC 1731, the Supreme
Court upheld the Tribunal's decision and the wage loss damages but
reduced the
award for injury to dignity.
In cases where the plaintiff should have taken care and noticed the condition of non-repair, the
court may find the plaintiff to be contributory negligent and
reduce the damages
awarded.
The
Court would eventually
award $ 21,000.00 for past diminished earning capacity, before
reducing this amount to account for social assistance benefits that the Plaintiff had already received.
The
court also held that failure to make reasonable efforts to settle and making excessive claims in time spent on a case may
reduce the costs
awarded.
For example, if the
court or insurer determines the total damages in a claim are $ 10,000 and finds that you are 20 percent at fault, the amount of your
award will be
reduced to $ 8,000.
The
Court decided, among other issues, that the period of reasonable notice
awarded to a dismissed employee is not
reduced as a result of an employer's poor economic circumstances.
The
Court of Appeal for Ontario has outright denied Tess Cusipag's appeal to
reduce the damages
awarded in Senator Tobias Enverga's defamation suit against Cusipag and Balita superstar «investigative journalist,» Romy Marquez.
Further, there has been a strong indication from the Supreme
Court that mechanically applying existing principles to
award injunctions in lieu of damages for infringements of property rights in the lower
courts is a flawed approach, which is perhaps likely to widen the scope for damages to be
awarded in lieu of an injunction and
reduce the readiness of the
courts to
award injunctions.»
If an employee fails to mitigate, the
court may
reduce any
award for damages that the employee would have otherwise been entitled to.
On appeal the
Court of Appeals
awarded Husband 55 % of the entire marital estate and
reduced the amount he owed Wife to $ 275,760.43.
The
Court of Appeal
reduced the
award to $ 200,000.
On redetermination of an accounting of profits, the Federal
Court (FC) rejected Apotex's claim that the profits
awarded to Servier due to Apotex's manufacture and sale of infringing perindopril should be
reduced based on alleged non-infringing alternatives (NIAs).