the family gets shunned, ignored, and is left with all the financial and emotional
damage from the misconduct.
Not exact matches
But added that she also had been distraught
from the recent spotlight on her after details emerged on alleged sexual
misconduct by Harvey Weinstein, saying she «became collateral
damage in an already horrific story.»
Many of those involved in Slock.it have been involved
from the beginning and have been helpful to the Ethereum network, such that suing them for supposed
misconduct would undoubtedly do
damage to Ethereum.
Major Products Inc. shall not be not liable for any
damages resulting
from the use of (or inability to use) the Websites, including
damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such
damage is the result of any wilful
misconduct or
from negligence on the part of Products.
A volunteer authorizing a young athlete to return to participation has immunity
from liability for civil
damages, other than acts or omissions constituting gross negligence or willful or wanton
misconduct.
The statute provides immunity
from liability for civil
damages resulting
from any act of omission to a volunteer who authorizes a youth athlete to return to play, except in circumstances of gross negligence or willful or wanton
misconduct.
The other seven counts include fourth - degree criminal mischief for
damaging an exterior door to the residence; second - degree criminal trespass for going inside the dwelling; fourth - degree criminal facilitation for not seizing more than one - eighth of an ounce of cocaine
from the residence; official
misconduct for not seizing the cocaine; official
misconduct for proposing the drug unit file a false report to cover up its illegal entry; second - degree offering a false instrument for filing; and official
misconduct for offering overtime to another police officer to coverup what happened.
The Weinstein Company said that it would file for bankruptcy following the collapse of sale talks with an investor group, extending the
damage from sexual
misconduct allegations against Harvey Weinstein, its co-owner and a onetime force in Hollywood.
«If you fail to heed this one and only warning, be assured that we intend to pursue all legal remedies... including substantial punitive
damages based on the malicious nature of your
misconduct,» wrote Tacopina, whose client list has included former Yankees star Alex Rodriguez and ex-state Sen. Hiram Monserrate, a former New York state senator who was expelled
from the chamber in 2010 after attacking his girlfriend.
You shall indemnify The Endocrine Society and its directors, officers, employees, agents, contractors and licensors («The Endocrine Society Indemnitees») against all claims, actions, suits, and other proceedings («Claims») arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, negligence, willful
misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, (except to the extent attributable to The Endocrine Society), or any breach by you of these Terms and Conditions and shall indemnify and hold the Endocrine Society Indemnitees harmless
from and against all judgments, losses, liabilities,
damages, costs, and expenses (including without limitation reasonable attorneys» fees and attorneys» disbursements) arising out of or incurred in connection with such Claims.
To the extent permitted by law, we shall not be liable for any Losses by or with respect to the Account, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely
from our gross negligence or willful
misconduct and without limiting the generality of the foregoing, we will not be liable for any indirect, special, incidental or consequential
damages or other losses (regardless of whether such
damages or other losses were reasonably foreseeable).
The Consulting Agreement with Northern Lights Compliance Services, LLC («NLCS») provides that the Registrant agree to indemnify and hold NLCS harmless
from and against any and all losses,
damages, costs, charges, reasonable counsel fees, payments, expenses and liability arising out of or attributable to the Trust's refusal or failure to comply with the terms of the Agreement, or which arise out of the Trust's lack of good faith, gross negligence or willful
misconduct with respect to the Trust's performance under or in connection with the Agreement.
Pooch Pals is liable only for
damage from negligence or willful
misconduct.
You will indemnify, defend, and hold the Rescue harmless
from and against any claims, lawsuits, injuries,
damages, losses, costs, or expenses whatsoever sustained by any companion animal or any person in connection with your intentional
misconduct or grossly negligent performance of Foster Care for the Rescue or your breach of the Rescue's rules, regulations, policies, and programs.
I will indemnify, defend and hold the FHS harmless
from and against any claims, lawsuits, injuries,
damages, losses, costs or expenses whatsoever, sustained by
misconduct or grossly negligent performance of volunteer activities for the FHS, or my breach of the FHS's rules and policies.
The cardholder agrees that s / he will defend and indemnify the Priority Pass group of companies, its directors, officers, employees and agents (collectively «the indemnified parties») against and hold each indemnified party harmless
from all liabilities,
damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or
damage to, or destruction of, any property arising
from the use of any lounge by the cardholder or any other person accompanying the cardholder, except that such indemnification shall not extend to acts of gross negligence or wilful
misconduct by the indemnified parties.
It is also clear that the original widely publicised complaint to the NHMRC and AHPRA alleging professional and research
misconduct, was done for precisely the same reasons by those within public health and wind industry circles in Australia who were unhappy with the attention the issue of health
damage from wind turbine noise was attracting.
In the case at bar,
damages are not a constituent element of the class member's individual claim, but, in any event, a class member is entitled to seek justice for the infringement of his or her rights even if that justice is a non-compensatory remedy enjoining the defendant
from its
misconduct.
Personal injury attorneys work diligently to hold parties responsible for harms, injuries,
damages, and losses that result
from accidents caused by intentional or negligent
misconduct.
Now, some citizens of New Jersey, specifically those who took advantage of the new air route (including but not limited to the corrupt official) benefited
from the
misconduct: they would not have standing as they were not
damaged.
These concepts are just a step away
from intentional
misconduct (which can also give rise to punitive
damages).
To insulate college personnel
from personal law suits which allege
misconduct while carrying out duties, section 24 of the BC Health Professions Act provides that «no action for
damages lies or may be brought» against a board member or a person acting for a board or college «because of anything done or omitted in good faith.»
Sulz v. Attorney General of Canada The British Columbia Supreme Court has awarded Nancy Sulz, a former RCMP officer,
damages of nearly $ 1 million to compensate her for mental suffering arising
from her supervisor's workplace
misconduct.
That's because with aggravated
damages, the victim is em - powered to seek or not seek such
damages; Type II errors are more likely, since the victim - vindication model doesn't purport to restrict the plaintiff
from either forbearing
from seek - ing punitive
damages or to settle at an amount lower than what is necessary to signal to the defendant to forbear
from such
misconduct in the future.
Although the reason for this holding makes good and under - appreciated sense
from a retributivist perspective — a person ought not be punished for conduct that has not been clearly proven to be the defendant's culpable
misconduct, es - pecially if the defendant has various defenses that could be raised as against particular claimants — the new holding poses a substantial risk of reducing incentives to plaintiffs and their counsel because they can not pursue a jackpot of punitive
damages based on «total harm.»
This determination is neces - sary because retributive
damages awards signal two commitments: first, that
misconduct of this sort should not occur, and second, if such
misconduct does occur, the defendant should not profit
from it.
[60] The plaintiffs ask for punitive
damages, which they argue are warranted in the present case due to the «high - handed, malicious, arbitrary or reprehensible
misconduct that departs to a marked degree
from ordinary standards of decent behaviour:» Whiten v. Pilot Insurance Co., 2002 SCC 18 (CanLII) at para. 94.
The purpose of awarding punitive
damages is for the retribution, denunciation, and deterrence of
misconduct that represents a marked departure
from ordinary standards of decent behaviour.
The judgment reaffirms the view that juries can only adequately compensate those who have suffered
from police
misconduct, and express their disapproval of such conduct, with an award of exemplary
damages.
Loss can occur due to property
damage, employee
misconduct and liability claims
from unhappy customers.