Sentences with phrase «damage awards as»

by Elise Jefferson, MA A2L Consulting An intriguing and complex aspect of civil litigation is the use of damage awards as a means of achieving justice.

The Saskatchewan Court of Appeal In Branco v. American Home Assurance Company et al. has provided greater detail and clarity in relation to punitive damage awards as well as awards for mental distress, previously referred to as aggravated damages, in long term disability claims.

Although a trial court may grant remittitur on the grounds that the award is disproportionate to the injuries suffered, courts have specifically rejected comparing damage awards as a means of measuring excessiveness.

He recognized the adverse tax consequences that would result from Mr. Dowling's receipt of the damage award as a lump sum and, in my view, correctly included a «gross - up» to offset the additional tax liability occasioned by receipt of the funds all at once, as opposed to over time.

It can not be said that the quantum of the punitive damages awarded as against Rabinowitz was irrational, given the underlying objectives of such damages.

If leg - islatures have imposed caps on punitive damages through using a certain multiple of the compensatory damages or a certain flat dollar amount, then the wealthy defendant will simply view the punitive damages award as just a tax or a cost of doing business.

Not exact matches

Wagner: Cohen Milstein has obviously attempted to construct the broadest possible group of Intel employees as participants in the plaintiff class in order to ensure a large damages award.

What we have is an entire sector under the blowtorch and battling serious reputational damage as the audience lay witness to AMP lying to the regulator, CBA awarded the «gold medallist» for charging fees for no service, planners caught taking fees from dead people, NAB caught false witnessing documents, client impersonation, inappropriate advice, Orwellian protection policies and a witness cutting short his testimony after collapsing.

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.

Cuomo's proposal would cap non-economic damages — also known as pain - and - suffering awards — to $ 250,000 and would create an insurance fund for babies that suffer brain damage at birth.

Grant amounts will be based on Federal Emergency Management Agency assessed damage levels as well as applications for new infrastructure and other mitigation, and will be awarded once a community's plan is approved by the state.

The billionaire kidnapper is asking the court to award him N300m as exemplary damages for his alleged illegal detention and the alleged harm caused by his media trial.

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.

A Bronx jury's decision to award $ 183 million in damages to five New York City firefighters caught in a deadly 2005 blaze could face more legal wrangling, as the city's lawyers criticize the verdict and contemplate an appeal.

«As laid out in the complaint, their retaliatory actions against us have also inflicted damage on their own union members and union contractors forcing them to lose work and jobs that we had awarded to them.»

Grant amounts will be based on FEMA assessed damage levels as well as applications for new infrastructure and other mitigation, and will be awarded once the community's plan is complete and submitted to the state for approval.

Bills in the package would also raise civil penalties for Violations And Create An Avenue for Housing Courts to award statutory, compensatory and punitive damages as well as attorney's fees and costs for harassment cases.

Sancar, the Sarah Graham Kenan Professor of Biochemistry and Biophysics, was awarded the 2015 Nobel Prize in Chemistry for his studies of excision repair, which is now widely viewed as the major mechanism of DNA repair — including repair of UV damage — in living organisms.

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.

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

Margot Robbie is wonderful as the damaged hero and Allison Janney is magnificent as her mother, and awarded with an Oscar because of it.

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.

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.

Netflix's latest documentary, Nobody Speak: Trials of the Free Press, was often colloquially referred to as the «Hulk Hogan» documentary which led many to believe that the sole focus of the film would center on the wrestler's legal entanglement with Gawker — which ultimately led to the news portal being bankrupted and shuttered after a Florida judge awarded Hogan $ 115 million in punitive damages.

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.»

Awarded annually, the grants are used to strengthen a state's efforts in addressing pipeline failures attributed to activities such as excavation damage, one of the leading causes of pipeline accidents resulting in fatality or injury.

Awarded annually, the grants are used to strengthen efforts in addressing pipeline failures attributed to activities such as excavation damage, one of the leading causes of pipeline accidents resulting in fatality or injury.

However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

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 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.

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.

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 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.

As we understand it, VXGN's board is indemnified out of VXGN's assets and so as any damages award will return to VXGN plaintiffs VXGN's assets less legal fees and the break feAs we understand it, VXGN's board is indemnified out of VXGN's assets and so as any damages award will return to VXGN plaintiffs VXGN's assets less legal fees and the break feas any damages award will return to VXGN plaintiffs VXGN's assets less legal fees and the break fee.

The liability portion of homeowners insurance covers you against lawsuits for bodily injury or property damage that you or family members or pets cause to other people, as well as court costs incurred and damages awarded.

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 established.

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.

The suit seeks an award of actual damages, punitive damages, court costs, and attorney fees, as well as injunctive and declaratory relief.

The series is directed by Sundance award winner Phillip Van, stars Tom Noonan (as seen on Damages) and Cooper Huckabee (soon to be on True Blood), and was filmed on location here in the great State of Oregon.

Though the German courts recently ruled not to enforce the US court's decision (on the grounds that it considered the minimum statutory damages awarded to be excessive and punitive), Bossland ended sales for almost all of its hacks at the end of last year; as of today, the only ones remaining are for non-Blizzard games, specifically Final Fantasy XIV and Path of Exile, though according to the group's latest newsletter, there's a PUBG one tucked on the forums too.

Attacking from another point does not do as much damage, but rather fills up the Chain Gauge which awards extra experience and other bonuses.

Unreal developer Epic Games has been awarded damages of $ 4.45 m as it defeated a lawsuit from Silicon Knights.

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.

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.

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Seven years later, Gore won an Academy Award for An Inconvenient Truth, his documentary on climate change, and also the Nobel Peace Prize for his devotion to solving climate change and avoiding as much catastrophic damage as possible.

«But damages can be awarded only for harm «actually incurred,» and Plaintiffs allege at most speculative future harms that may never eventuate... Plaintiffs» requested damages award would also violate Defendants» constitutional due process rights by imposing massive retroactive liability for conduct that was legal — in fact, encouraged — at the time it occurred (and still is today), as well as for protected First Amendment activities.»

So we find a person in his 20's who has yet to be awarded a PhD, who has been a Greenpeace activist, but who is awarded a position as a coordinating lead author on a vital IPCC Chapter which concludes with very high confidence that mitigation is required to head off the more damaging effects of man - made climate change.