Sentences with phrase «damage award if»

The court can deduct from the plaintiff's damage award if her mitigation efforts were not reasonable: Kent v. Stop N» Cash 1000 Inc., 51 C.C.E.L (3d) 199 (Ont.

Victims in Kentucky are at an advantage when compared with states that operate under the contributory negligence rule, which bars victims from recovering a damage award if he or she is found to have been partially at - fault in causing the injury.

Respondent also argues that Oregon provides adequate review, because the trial judge can overturn a punitive damages award if there is no substantial evidence to support an award of punitive damages.

Litigation funders will pay all or some of the costs and disbursements involved in litigation, which will be repaid along with a share of any damages awarded if the claim is successful.

You can only win a damages award if you weren't the main cause of your own injuries.

The funder agrees to cover the costs of the litigation in return for a share of the damages awarded if the case is successful.

Permits a court to reduce a punitive damages award if deterrence can be achieved without the award.

Not exact matches

It provides that a court shall award actual damages, and may award punitive damages, if a SLAPP defendant shows that the SLAPP was brought to harass, inhibit the defendant's public participation or exercise of constitutional rights, or otherwise wrongfully injure the defendant.

If a judge pronounce a judgment, render a decision, deliver a sealed verdict, and afterward reverse his judgment, they shall prosecute the judge for reversing the judgment which he has pronounced, and he shall pay twelve fold the damages which were (awarded) in said judgment; and publicly they shall expel him from his seat of judgment and he shall not return, and with the judges in a case he shall not take his seat.21

If you are involved in an incident causing injury or property damage that was (or is alleged to have been) your fault your insurance cover may indemnify you in respect of the legal costs of defending a third party claim and any resulting damages awarded against you.

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.

If he were to win, he plans to give the money awarded for damages to charity.

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.

It can also force employers to hire workers, award back pay and pay damages, with penalties soaring up to $ 250,000 if the discrimination is deemed a «willful, wanton or malicious.»

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.

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.

Shortland's film has gotten a lot of praise, including thirteen Australian Film Institute Awards, but if there's a story as to how this girl got so damaged, Cornish and Shortland keep it to themselves.

Some of these critical views have included parents voicing their concerns on social media describing the graduation ceremonies as ridiculous and even conservative critics have argued that «if this continues unabated down the age range, even to those too young to sit exams and receive grades, such awards have no point and could even damage the will to work for success.»

On the other end, if Universal Pictures put out a Mickey Mouse movie without an agreement with Disney, you can bet as soon as Disney got wind of it the legal papers would be flying and there would be big money involved, both in lawyers and the eventual settlement or court awarded damages.

If Hagens Berman's case finds that Apple and the publishers colluded to set ebook prices at such a high level for their greedy little Mr. Burns moment, damages could be awarded to the plaintiffs, plus an injunction could see ebook prices lowered.

If you win, you can recover your actual damages and be awarded punitive damages if the court finds that the lender's conduct was willfuIf you win, you can recover your actual damages and be awarded punitive damages if the court finds that the lender's conduct was willfuif the court finds that the lender's conduct was willful.

If you win, you may be awarded damages, plus twice the amount of any finance charge - as long as it's between $ 100 and $ 1,000.

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.

It basically states that if a collection company breaks this law, then the consumer would be entitled to a statutory award of up to $ 1000 dollars plus legal fees and damages!

As an example of one, if a person is found guilty of having an automobile accident while under the influence of alcohol, the damages awarded in a lawsuit judgment can not be discharged by a bankruptcy.

A business, such as a mortgage company or bank, or an individual can file a civil lawsuit and if the plaintiff is awarded damages then a judgment will be rendered in their favor.

And even if you can't prove damages, you may still be awarded up to $ 1,000 while your attorney collects fees and court costs.

If found by Sponsor to be in violation, Entrant agrees to pay all legal fees and damages incurred by Sponsor to enforce this provision, and, if applicable, return to Sponsor any award (s) received as liquidated damageIf found by Sponsor to be in violation, Entrant agrees to pay all legal fees and damages incurred by Sponsor to enforce this provision, and, if applicable, return to Sponsor any award (s) received as liquidated damageif applicable, return to Sponsor any award (s) received as liquidated damages.

If you win, you may be awarded damages, plus twice the amount of any finance charge as long as it's between $ 100 and $ 1,000.

If we can evidence a violation of your consumer rights we may be able to recovery a damage award and will represent you at no cost in that claim.

If the court finds the employer willfully or knowingly violated this law, it may increase the damages award to an amount not to exceed three times the actual damages, up to $ 10,000.

If you win, you may be awarded damages, plus twice the amount of any finance charge — as long as it's between $ 500 and $ 5,000, or higher amounts if a pattern or practice of violations is establisheIf you win, you may be awarded damages, plus twice the amount of any finance charge — as long as it's between $ 500 and $ 5,000, or higher amounts if a pattern or practice of violations is establisheif a pattern or practice of violations is established.

Pay attention though; If you are using illegally copied material on your hospital's website and you affix the copyright symbol to it, a court will be more severe when awarding damages against you.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Now, granted, LH can probably price those C cabins to sell if they want to more than they can price F to sell (since a lowball F price really damages their C pricing), but I think it's pretty clear than LH has a very high premium cabin to coach ratio that invites the sort of spoilage during «soft» travel periods that leads to reasonable award inventory.

Alaska Airlines shall not be responsible for any inconvenience, damage or loss incurred by the member or the traveler if travel is interrupted or an award ticket is invalidated due to violation of these conditions of membership.

As an example, if you were to lock on and shoot the enemy in the middle of a line of three the enemies to its left and right would be taken out by «splash damage» and award you a bonus hit each.

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.

Under the anti-SLAPP provisions of the Courts of Justice Act, s. 137.1 subsection 9 allows the court to award damages if the judge finds the plaintiff brought the proceeding in bad faith or for improper purpose.

He said he was also «uncomfortable» with the idea that an award of costs should be treated as an order for compensation, as if it were a claim for damages.

Fourth, and perhaps most important, in product liability cases, Oregon requires that punitive damages, if any, be awarded based on seven substantive criteria, set forth in Ore..

If the defendant is found to be negligent, juries are instructed to award damages for pain and suffering and mental anguish.

Most states follow the theory of «comparative negligence,» which means that if the injured party is determined to have been responsible for a certain percentage of the harm, that party's recovery (the monetary «damages» awarded or reached by settlement) will be reduced by that same percentage.

If we continue the aforementioned example where $ 24,000 compensatory damages were awarded, punitive damages could not exceed $ 120,000.

If the case is compelling, the jury may award substantial damages to the plaintiffs.

If you underestimate your long - term damages, your damage award may not cover all the economic costs many years after the injury.

For example, if the jury awards $ 500,000 for economic damages, the most it can award for punitive damages is $ 500,000.

Will the settlement or award of damages be excluded property with only the gain if any on the monies shared or family property to be divided equally?

A further 10 % increase in damages would be awarded if the defendant failed to beat the equivalent of a pursuer's Tender.

'' «Punitive damages: If you have found that plaintiff is entitled to general damages, you must then consider whether to award punitive damages.