Sentences with phrase «damages awarded by»
Even so, the appellate court found that the amount of the damages awarded by the lower court to the Buyers, equal to the cost of a totally new System, was excessive and amounted to a windfall which would make them «more than whole.»
https://www.nar.realtor/
Usually your renters insurance covers the costs of court in a lawsuit and also pays out the damages awarded by the judge (up to the amount specified in your policy).
The coverage typically includes payment to defend policyholders in court and for damages awarded by the court.
A client who suffers a loss can file a civil claim, and, in response, the professional's indemnity insurance will pay litigation costs as well as any damages awarded by the court.
In Plester v. Wawanesa Mutual Insurance Co. the court dismissed the appeal of the $ 450,000 punitive damages awarded by the jury.
This had been contended for by the MDU on cross appeal which was allowed — Johnson had appealed, inter alia, on the damages awarded by the trial judge following his success at first instance.
[111] The quantum of punitive damages awarded by this jury, however, is another matter entirely, and it is appropriate to comment on this for the benefit of the parties and the judge at the new trial.
Third, reviewing courts should consider «the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases.»
Much of the damages awarded by the juries in these first two verdicts was punitive — to punish Johnson & Johnson for concealing the risks while still marketing these products as safe.
Being as kind as possible to the reasoning, the Court adopts a «Goldilocks» approach: the amount of punitive damages awarded by the trial judge ($ 1,000,000) was «too high», the amount awarded by the Court of Appeal ($ 250,000) was too low because it «fails to fully reflect the gravity of the conduct and the need to deter others», so $ 500,000 is perfect.
(2) The court addressed shall take into account whether and to what extent the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings.
While the Tribunal's record $ 150,000 general damage award caught the attention of human rights practitioners, the fact is that the award is less than the $ 155,000 in general damages awarded by the Court in Olympia.
This happened in Garcia v. 1162540 Ontario Inc. (c.o.b. as Venice Fitness) 1 when the Divisional Court set aside damages awarded by a small claims court judge because the plaintiff had not led evidence of a loss of income.
It quoted Campbell's guidelines: «(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized in comparable cases.»
on Money Damages Awarded by Florida Juries in Personal Injury Cases: Jury Instructions Established by Florida Supreme Court to Help Jury Calculate Money Amounts for Injury Damages
Comments Off on Money Damages Awarded by Florida Juries in Personal Injury Cases: Jury Instructions Established by Florida Supreme Court to Help Jury Calculate Money Amounts for Injury Damages Tags: Damages, defamation lawsuit, hotel negligence, hotel security, Jury Award, Jury Instructions, Lost Wages, motel negligence, motel security, pain and suffering, premises liability, wrongful death
If the issue on appeal relates to damages, the court of appeal can decrease, increase or affirm the damages awarded by the lower court.
The ruling on April 12, 2017 came after a hearing on April 6, 2017 in which Cusipag sought to reduce the $ 350,000 damages awarded by Justice Sidney N. Lederman against Balita Newspaper, Balita Media Inc., Tess Cusipag, Romeo P. Marquez and Carlos Padilla.
The noneconomic damages awarded by the jury included past damages of $ 400,000 and future damages of $ 1.5 million.
Meaning, the percentage of fault allocated to the victim is deducted from the amount of damages awarded by a jury.
A failure to do so will result in fewer damages awarded by the Human Rights Tribunal.
Not only did the oil company refuse to issue the apology, the refused to pay the damages awarded by the Ecuadorian court.
Even in litigation environments, measurable outcomes like the amount of damages awarded by a court are driven by a complex array of factors, including, but not limited to, the talent of the lawyers involved.
In affirming, both the State Court of Appeals and the State Supreme Court rejected Honda's argument that the punitive damages award violated due process because it was excessive and because Oregon courts have no power to correct excessive verdicts under a 1910 amendment to the State Constitution, which prohibits judicial review of the amount of punitive damages awarded by a jury «unless the court can affirmatively say there is no evidence to support the verdict.»
An amendment to the Oregon Constitution prohibits judicial review of the amount of punitive damages awarded by a jury «unless the court can affirmatively say there is no evidence to support the verdict.»
It includes the capability to analyze damages awarded by a particular judge, in a certain court and of a certain type, such as attorneys» fees or infringement damages.
The story is that America has too many lawsuits: too many lawyers, too many people filing frivolous suits, too many excessive damages awards by juries, and so on.
PJI awards in serious accident cases have often been used to inflate damages awards by 5 % per annum, for the purpose of making allowances for lawyers» fees or to achieve other ends regarding the calculation of settlements.
I would accordingly reduce the non-pecuniary damage award by 10 %.
ALE challenged the damages award by attacking the testimony of Mr. Mills, Chrimar's damages expert.
If a judge or jury concludes that an injured person's (or decedent's) negligence accounted for a percentage of the total fault in an accident, it may reduce the damage award by that percentage.
For example, if a jury finds that you suffered $ 100,000 in damages, but were 30 percent at fault, the judge reduces the damage award by 30 percent to $ 70,000.
Not exact matches
In most cases, though, they are financial investments in which backers are motivated by the potential proceeds from a large damage award.
According to a report published last fall by the Mental Health Commission of Canada, awards for damages caused by «mental injury» in the workplace have soared 700 % over the past five years.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
In Germany, the cities of Würzburg and Hagen were awarded damages for losses caused by interest rate swaps.
To the extent permitted by law, we are not liable for any loss (including indirect and consequential loss) or damage or personal injury suffered or sustained in connection with the Awards including the supply of goods or services by any person to you, and where applicable to any persons accompanying you.
A Finra arbitration panel has awarded Morgan Stanley $ 6 million in compensatory damages, to be paid by former broker Barry Connell.
The court was asked to order Campus Crusade to turn over any revenue earned by the children's video, to award damages and, finally, to restore all film rights to the Genesis Project.
INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.
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.
By participating in the Twitter Party, participants release and agree to hold harmless the Twitter Party Hosts, Sponsors and their respective parent companies, affiliates or related companies, directors, employees, officers and agents, including without limitation, her advertising / promotion agencies from any and all liability, injury, loss, or damage of any kind, including but not limited to personal injury or death, arising from or in connection with participation in the Twitter Party, or the awarding, receipt, possession, use or misuse of any prize and / or with respect to participation in any prize - related activity.
By entering, all Participants also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with each Participant's participation and / or entry in the Promotion and / or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotion - related activity or participation in this Promotion.
Five Michael Jackson fans have been awarded one euro each by a French court for the «emotional damage» they suffered after the pop star's death.
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.
Press Release from Eliot Engel's Office Congressman Eliot Engel announced last week, that $ 20 million in federal funds were awarded to New York State for emergency repairs of roads damaged by Hurricane Sandy.
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 2012, a jury in Central Islip found no wrongdoing by Nassau County police and declined to award damages.
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.
The same survey showed almost three quarters believe bereavement damages should be awarded on a case by case basis.