Sentences with phrase «damage awards in»

Cases in which licensees were found to have breached their fiduciary duty to their clients accounted for two of the six largest damage awards in the report.

From a practical perspective the four main difficulties are that (1) people convicted of crimes often lack the income or assets to pay judgments, (2) there are double recovery issues involved in reconciling restitution awards in a criminal case (where the measure of damages is narrower) and damage awards in a civil case (where the measure of damages is broader), (3) there are priority issues involved in reconciling criminal awards for fines, restitution and costs, in each case with civil awards for damages, and (4) if the defendant declares bankruptcy, the non-dischargeability of the civil judgment must be affirmatively raised and proved (often this is elementary but there are strict time limits) in the bankruptcy proceeding.

The General Duty of Honesty in Contractual Performance and Punitive Damage Awards in Anglo - Canadian Contract Law»

The type of employer conduct that has repeatedly attracted punitive damage awards in employment law cases often includes one or more of the following types of misconduct:

This court is aware that quantum of damage awards in cases similar to the one at bar vary dramatically.

Although still far below the multi-million dollar awards occasionally awarded by courts in the United States, there have been several employment law cases in recent years that have awarded the dismissed employees six - figure punitive damage awards in addition to wrongful dismissal damages.

SJR 8 would, among other things related to damage awards in tort cases, require all rules of pleading, practice and procedure be subject to 3 / 5ths legislative approval or, by 3 / 5ths, allow the legislature to amend or repeal any rule.

Damage Awards in Internet Defamation Cases: Reassessing Assumptions About the Credibility of Online Speech (Alberta Law Review)

Given these facts and statutory damage awards in other cases, this court concludes that $ 5,000 is reasonable and necessary as a statutory damage award in this case, and will have the requisite deterrent effect on the defendant.»

Topics will include workplace drug and alcohol testing, family status accommodation, accessibility and recent trends in damage awards in human rights cases.

Punitive damage awards in other wrongful dismissal cases have been far more modest even in the face of serious misconduct such as slander of the employee.

Other recent punitive damage awards in employment cases have been lower.

The decision in Gordon v Altus is another example of the noticeable trend in recent years for courts to award significant punitive damage awards in situations where an employer has acted in a malicious manner in the way in which in deals with its former employees.

Assessments of non-economic damage awards in medical malpractice negligence: A comparison of jurors with legal professionals.

However, those claims that do succeed have resulted in noticeably larger punitive damage awards in recent years.

Punitive and aggravated damage awards in disability claims — The Litigator (Alfred Kwinter, October 2008)

Their achievements have earned the Gertler firm membership in the Million Dollars Advocates Forum as a result of numerous damage awards in excess of one million dollars.

And while the law should strongly encourage punitive damage awards in appropriate cases, judges should ultimately retain the discretion to award punitive damages.

While the process is not always simple and quick, damage awards in accident cases can help the injured rebuild their lives.

Is putting a cap on punitive damage awards in personal injury cases the best way to reform the legal system?

The English courts limited the size of defamation damage awards in Rantzen v MGN.

In the US, the European Union and other jurisdictions, damages in private civil case are frequently enhanced, such as treble damage awards in the US, or made easier to prove.

The Court upheld punitive damage awards in both cases, but indicated that due process imposes an outer limit on remedies of this type.

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.

A tie vote would leave the plaintiffs» damage award in place: a victory for the progressives.

However, the court last month overturned $ 4.2 million in punitive damages awarded in 1990 by a state court jury in Independent School District No. 622 v. Keene Corporation.

Compensatory (but not punitive) damages awarded in court for physical injury or physical sickness

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.

Lex Machina says that it has the only complete record of damages awards in patent, copyright, trademark, securities and antitrust cases since 2009.

Damages awarded in a successful survival action are allotted to the decedent's estate.

He has been responsible for some of the highest damages awards in courts throughout New York State.

In its Cain opinion, the Court discusses the fact that punitive damages awarded in the Expedious Management Company case were common law punitive damages while the damages awarded in the instant case were the result of a statute.

Concluding Keays was dismissed, in part, because he hired a lawyer and to avoid accommodating his disability, an Ontario judge granted him the largest punitive damages award in Canadian employment law history.

It points to the analysis of an amicus showing that the average punitive damages award in a products liability case in Oregon is less than the national average.

In the case, Riley v. Ford Motor Company, the court determined that the trial judge properly adjusted the damages award in favor of the plaintiff after the jury returned a shockingly inadequate amount.

In the 2003 - 13 data, the quantum of damages awarded in cases involving journalism appears to be greater than in other cases ($ 62,169 versus $ 58,466), but the difference is not statistically significant (p - value = 0.799).

Thus, 4 % of damages awards in this period included an award for special damages.

Justice Smith released the costs decision on January 26, 2011 and awarded Vigna over $ 32,500 plus taxes in costs, exceeding the $ 25,000 damages awarded in the judgment... [more]

The average general damages award in 2003 - 13 is 2.4 times as high as that in 2003 - 13, which is similar to the size of the increase for total damages.

Damages awards in new media cases (internet and email) appear slightly lower than average: the average total damages award for all cases in the 2003 - 2013 period was $ 61,662, whereas the average damages award for a new media case was $ 57,386.

The average total damages award in the 2003 - 13 cases ($ 61,662) is more than double (2.2 times) what it was between 1973 - 83 ($ 27,464) when adjusted for inflation.

«Riff Offs: Damages Awarded in Rift Over «Kookaburra» Flute Riff Main Wednesday's Three Burning Legal Questions»

Common examples of non-economic damages awarded in Santa Clarita personal injury cases include:

A 2 - part article, with Part I looking at the way that personal injury claims are dealt with in Dubai, and dealing with recoverability of damages; and Part II giving an analysis of damages awards in the Emirate.

Since Florida permits damages awards in defamation actions based on elements other than injury to reputation, and there was competent evidence here to permit the jury to assess the amount of such injury, the first of these conditions was satisfied.

Common examples of economic damages awarded in Santa Clarita personal injury cases include:

Thanks to a Comparative Patent Remedies blog post by Professor Thomas Cotter, I have just become aware of an amicus curiae brief (full text available here) filed with the Federal Circui by 27 law professors in support of Samsung with respect to the design patents - related bulk of Apple's $ 929 million damages award in the first California Apple v. Samsung litigation.

However, the modest damages award in this case, and others, have still made online defamation a challenging area for plaintiffs.

Damages awards in defamation cases vary from case to case and largely turn on their own facts.

«One factor that will mitigate a significant damages award in this case is that it appears that the alleged defamatory statements have been retracted and the defendants have published a contemporaneous apology.