Such an uneven distribution would mean that the average
damages award does not reflect the kind of damages most plaintiffs can expect if they establish liability.
They may well have a great case in law, solid prospects of success, but if the likely
damages awarded do not cover the ATE premium and solicitors uplift, then once again the case will be rejected as financially unviable.
Not exact matches
Cull stopped short of
awarding additional
damages, saying the party had only used the song after receiving professional advice that it could
do so, and hadn't acted recklessly.
She expressed her disappointment that the judge didn't interpret her contract the way she
did, but was relieved he didn't
award the company
damages for a work stoppage that, in fact, never happened.
«After winning the Colossal Fossil
award — given to the country
doing the most
damage to climate talks in a given year — five years in a row, Canada is in a league of its own for its total lack of credibility on climate action,» said Christian Holz, Executive Director of Climate Action Network Canada.
Unlike in the civil courts, a victory in Congress
does not necessarily result in an
award for
damages.
Compared with a dead or
damaged baby, the case of a woman claiming she
did not give informed consent, or was traumatised by unnecessary treatment, even if proved, would make little impact in terms of the financial
award.
Only an infantile lawyer like Okudzeto Ablakwa would refuse to cut his losses as I
did when he knows that governments in Ghana
do not pay for any fees associated with filing and prosecuting civil cases except legal costs,
damages, and other
awards.
But that figure doesn't include travel to Florida and hotel stays for Soares and his staff, Kindlon said, adding that the number could climb still further if the court
awards damages to the plaintiff in the suit — a cost county taxpayers will also have to bear.
In his statement of claim, Mr Mahama said the false comment by Mr Bempah on UTV, has
done damage to his reputation as a businessman, and, thus, praying the court to
award damages of GHS2 million against the two defendants.
In closing, Rosner points out that even if large sums
awarded by the courts reach the communities in need, those funds will never be enough to alleviate the
damage already
done.
The court
did award civil
damages to the families who hadn't already accepted an indemnity from the state.
Arbitrators can
award the same
damages and relief that a court can
award, but in so
doing, the arbitrator shall apply substantive law regarding
damages as if the matter had been brought in court, including without limitation, the law on punitive
damages as applied by the United States Supreme Court.
Doctor Strange has him working with The Vision's Eisner
Award - winning art team of artist Gabriel Hernandez Walta and colorist Jordie Bellaire, and the first thing he
did was completely upend the status quo for Stephen Strange: Loki is the new Sorcerer Supreme, Stephen is a veterinarian, and the Sentry is now a major part of the book's cast, used by Stephen to absorb the physical
damage caused by using magic.
A few of the late - season
awards finally broke Blanchett's way (as happened with the National Society of Film Critics), but the
damage was
done and Ryan is clearly the one to beat.
In the case of the tobacco industry, the courts
did much of the heavy lifting, giving cancer victims standing to sue and allowing juries to
award billions of dollars in punitive
damages.
When I won the
award, Howard Tayler, the self - published author of the famous Schlock Mercenary cartoons, said, «You know, Dave, you've just
done a world of
damage.
Are you thinking of some really nasty situation where (I don't know) punitive
damages were
awarded in a car case?
Tarion appealed the case, but in 2006, Markey was vindicated: Not only
did he receive $ 5,000 in compensation but he was also
awarded close to $ 9,000 in
damages.
If this doesn't sound like much, it's not, especially considering that the average
award in an auto liability case is $ 300,000, and the average property
damage claim runs around $ 7,000.
While Southwest
does have a very flexible policy on changing and canceling
award flights to mitigate the
damage, I'm not so sure.
The
damage done to First Class
awards on partner airlines mirrors that
done to the Business Class
awards discussed above.
Attacking from another point
does not
do as much
damage, but rather fills up the Chain Gauge which
awards extra experience and other bonuses.
Players will be
awarded on skill, how much
damage they
did to the boss and will receive a bonus if they landed the final blow.
As a port of the DS game of the same name,
awarded the IGN Strategy Game of the Year
award in 2009, the main story takes place on a node - based board, but the real action unfolds on the battlefield where you and your army of creatures attempt to break through the enemy creatures and
do damage to the enemy's end zone.
What, in the end,
do damage awards achieve in physical terms?
The facts don't matter — any jury is going to feel sorry for the «victims» and
award damages.
Corbett went on to say a message Veck posted as a retraction and apology on the same web site «
did not cure the
damage caused by the defamatory article and should not serve to reduce
damages awarded to Mr. Warman.»
Given that Vigna was not the ultimate target of Levant's posts, Smith J.
did not
award punitive
damages [para. 135].
Simply put, Judge Koh saw no indication that the jury
did not consider all of the
damages Apple suffered when it determined, on a per - product basis, its
damages award.
Colorado law
does not limit the amount of economic
damages that are
awarded in most cases.
This was
done during a time when a $ 50 million punitive
damage award against Massey Coal was being appealed to that Supreme Court.
The Claimant
did not have a breakdown of the total settlement proceeds of $ 365,000 as he was provided a lump sum cheque from ICBC without mention of
awards for the specific
damages sustained.
A sympathetic jury is more likely to
award you higher non-economic
damages than one that
does not see you as much of a victim.
The significant difference between the new «insurance» product and the older «indemnity» product is that it
does not require a successful plaintiff to use any part of their
damage award to pay costs before they can access the policy.
Natalya was also
awarded $ 3,500 in general
damages for breach of her human rights, as that is the amount that she sought in her application and the Tribunal
did not agree to her proposed amendment at hearing to request more due to perceived prejudice to the employer.
Does this mean your settlement or
award of
damages will automatically be excluded property?
In previous articles, we have written about how Canadian Human Rights legislation confers broad powers on adjudicators to make
damage awards for wage and other financial loss, for
damage to dignity, feelings or self - respect, and for exemplary
damages to drive home the heinous nature of impugned conduct; to order employers to institute educational programs; or to
do other pro-active things to secure compliance with the Code.
... The mere fact that cause is alleged, but not ultimately proven,
does not automatically mean that Wallace
damages are to be
awarded.
'' [WJe
do not suggest that a defendant has a substantive due process right to a correct determination of the «reasonableness» of a punitive
damages award.
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.
The testimony was part of a lawsuit filed by a South Dakota woman in 2006, which ruled that Johnson & Johnson was negligent about the dangers of its product but
awarded no
damages to the woman, who
did develop ovarian cancer as the result of her talcum powder use.
In all of the circumstances, and discounting the claimant's evidence to account for what the court believed to be his own exaggerated and dishonest description of some of his injuries, the judge
did not see fit to
award anything more than nominal
damages in this case.
On appeal, the court held that the plaintiffs could not
do so because the statute of limitations had run, and thereby entered judgment notwithstanding the verdict on the plaintiffs» $ 38.5 million punitive
damages award.
Resultant of its findings, the Court
did not uphold the termination for cause and
awarded reasonable notice
damages.
He rejected McIntosh's claims for punitive and aggravated
damages but
did award her partial indemnity costs of $ 6,500.
Either courts are
awarding punitive
damages in situations that
do not warrant such an
award, or else defamation actions frequently involve malicious and oppressive conduct.
The interpretation given to s 4 by the Court of Appeal
does not prevent a defendant who wants to make a payment but wishes it to be taken into account against any
damages which might be
awarded against him in future from
doing so.
Lilly
did not owe Apotex an equitable duty, nor is this case akin to the «exceptional» breach of contract cases where courts
award restitution
damages to a plaintiff in order to prevent a defendant from exploiting a bilateral agreement to its advantage.
If a judge finds you were
doing something that made you unable to navigate the hazard, your
damage award can be reduced.