Sentences with phrase «damages at trial»

Requires a subsequent motion for punitive damages to show at a hearing a reasonable chance that the plaintiff will recover an award for punitive damages at trial.

The plaintiff typically will nonetheless attempt to prove damages at trial, as otherwise the jury may conclude that no significant injury resulted from the defamatory statement and return a verdict for nominal damages (e.g., $ 1).

Rappaport told me that had he been told that their overall litigation costs would likely have surpassed any award of damages at trial, he «almost certainly» would have accepted Zumbox's offer even without the protection of a stipulated judgment in the event of a default.

When fighting over damages at trial, the plaintiff's lawyer argues why his or her client should be entitled to the highest possible amount of damages, while the defendant's lawyer argues why the plaintiff should only get a fraction of that amount.

Damages at trial were assessed at just over $ 1.1 Million with the Defendants being jointly and severally liable.

The Plaintiff advanced the costs of these MRI's as special damages at trial.

Bringing claims for an apartment complex developer for hurricane damage under a builder's risk policy, recovering full compensatory damages at trial in the Eastern District of Virginia, with judgment affirmed on appeal.

The Plaintiff was eventually awarded $ 50,000 in damages at trial, however the trial judge had made an unspecified reduction in the award, being of the opinion that the principle of the «crumbling skull» doctrine applied.

Appreciating this, can a Plaintiff simply defeat a Defence application to put a case into Rule 68 by claiming he will seek more than $ 100,000 in total damages at trial?

In today's case (Lo v. Matsumoto) the Plaintiff was injured in a 2009 collision and was awarded damages at trial.

Walker v. Sun Shelters Industries Inc., [2006] O.J. No. 2023 In Walker v. Sun Shelters Industries Inc., Stephen represented the Plaintiffs and was successful in advocating an award of damages at Trial.

Damages at trial are unpredictable.

On awarding damages at trial, unless the damages are very small and it is appropriate to order them to go to the litigation friend to be put into a building society account (or similar) for the child, the trial judge will direct payment into court with the placing of the damages in the special investment account until further investment directions have been given.

No Prejudice In Arguing All Defendants Should Be Liable / Failure to Claim Tort of Another Fee Damages At Trial Dispositive Against Fee Petitioner.

The potential for a successful plaintiff to have to pay a substantial portion of their damages to the defendant because the amount awarded for damages at trial was less than an earlier offer is a legitimate concern.

Not exact matches

Rushing wants Disney and the other companies to stop the tracking practices, destroy any personal data that they obtained thus far, and seeks «nominal and punitive damages in an amount to be determined at trial.»

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

It asks the court to declare that the agreements are invalid and order R3 to pay damages in an amount to be determined at trial.

return of the 100,000 shares which Retrophin mistakenly issued to Shkreli, or compensatory damages on its third cause of action in an amount to be determined at trial, but which exceeds $ 2.9 million;

March 15 — A state appeals court has affirmed the verdict and damages in a Marin County fraud trial involving a group of former employees at Fireman's Fund Insurance Co..

But the domestic scandal over tax avoidance — the outraged bluster of Margaret Hodge's mock trial of the Great Avoiders before the UK Public Accounts Committee; David Cameron's barely - veiled threat at Davos to corporations who needed to «wake up and smell the coffee»; UK Uncut's shop - floor protests — has done little damage to its targets.

The damaging testimony came out at Norman Seabrook's bribery trial.

«I think the ongoing trial, which I'm not going to comment on, has done significant damage to the brand equity and the reputation of the Port Authority, and I'll just leave it at that,» Foye said this morning.

«There are currently no therapies which successfully reverse the damage seen in the more than 12,000 individuals who suffer a spinal cord injury each year in the United States alone,» says Dr. Richard G. Fessler, professor of neurological surgery at Rush University Medical Center and principal investigator for the Phase 1 clinical trial involving AST - OPC1 (oligodendrocyte progenitor cells).

Edie Greene, a psychologist at the University of Colorado in Colorado Springs, instead suggests that the case should be split into separate liability and damages trials, so that the jury only receives the relevant facts — a process known as bifurcation.

The trials will wrap up in mid-August when the researchers will shake the unoccupied structure with forces comparable to those at the epicenter of the catastrophic 1994 Northridge earthquake in Los Angeles, which claimed dozens of lives and caused billions of dollars in damage.

There was some evidence that it had reversed damage to nerves, but the result was not statistically significant, says Alasdair Coles, a neuroscientist at the University of Cambridge, UK, and the UK chief investigator of the Comparison of Alemtuzumab and Rebif Efficacy in Multiple Sclerosis (CARE - MS) I trial.

According to Steven Tsui, who is director of mechanical assist heart services at Papworth Hospital in Cambridge, and will run the UK trials, the VentrAssist is less likely to damage red blood cells because it moves the blood more slowly with a bigger impeller.

So clinical trials are certainly something that are still far away at the current stage, but it is certainly worthwhile to follow our experimental approach both in vitro and in vivo, in order to test whether at some stage we can really move forward and test, whether by reprogramming endogenous cells, we can reconstitute neural circuits that are damaged or deceased; and, thereby also improve the lives of many people that suffer neurological diseases.

At the completion of this trial, not only had signs of sun damage improved in the study participants, but the brittleness of hair and nails was also normalized.

On the grounds that Judge Denise Cote's decision to move forward with the classification and damages phases of the trial on going case, Apple managed to win a stay by the three - judge panel of the Second Circuit court, at least for now.

While the DoJ itself isn't seeking damages, Apple will face financial sanctions from cases brought by state attorneys general and class action suits from customers if it's found guilty at trial.

At the end of the trial, Silicon Knights were ordered to pay Epic $ 4.45 million dollars in damages.

«TPCi has been and will continue to be damaged, and Defendants has been unjustly enriched, by Defendants» unlawful infringement of TPCi's copyrights in an amount to be proven at trial,» The Pokemon Company stated in its court filings.

I'm not a speed runner, but I got so addicted to the time trials in this game I spent hundreds of hours doing them, and and at one point before I stopped playing, had the second fastest run in the world without taking damage on the hardest level in the game.

He testified at the 2008 trial of six Greenpeace activists prosecuted for doing $ 55K damage to a UK power plant.

Stockholders who own company at time of payout knew this was likely outcome at time of purchase of stock or held on stock even after fraud with exposed knowing they would be awarded some damages in future but in reality the only real winners are the trial lawyers but who

At the trial in rural Texas, Carol Ernst was awarded $ 24 million in compensatory damages and $ 229 million in punitive damages.

The Southern District of Florida first said the evidence offered at trial reasonably supported the jury's award for lost earnings and other economic damages.

Where the damages awarded after a long trial are modest, it is possible for the adverse cost award to exceed the amount of damages, meaning that the plaintiff's personal assets are at risk.

Although the federal court disagreed with the defendants» argument that the jury award could only have resulted from passion or prejudice, the Southern District of Florida held that the non-economic damages award was not logically supported by the evidence offered at trial.

The court refused to consider the plaintiff's claim at trial for punitive damages under the guise of the claim for special costs.

At trial, the employee sought remedies for wrongful dismissal, including damages for reasonable pay in lieu of notice.

His case also remains the high mark for punitive damages, despite two plaintiffs initially passing the $ 1 - million threshold at trial.

At Breslin & Breslin, our experienced trial lawyers combine a thorough understanding of premises liability law with substantial experience in proving disputed facts concerning the condition of the property, the cause of the accident and the extent of the victim's damages.

As demonstrated supra, at 424 - 426, by the time the Fourteenth Amendment was ratified in 1868, the power of judges to order new trials for excessive damages was well established in American courts.

The deputy judge had already found that the evidence presented at trial was insufficient to establish either causation or actual damages in her assessment of the Respondent's claim for mental distress.

The issue at trial was one of causation, that is, did this accident (which apparently did not cause a lot of vehicle damage) cause the Labral tear?

At trial, it was found that the evidence of Deloitte's negligence in its audits of Livent was overwhelming and that approximately $ 85 million in damages were suffered after Deloitte failed to identify that Livent was insolvent starting in 1997.

One final note — at trial, juries do not typically know about the noneconomic damages cap.