Sentences with phrase «damages awards based»

Limits multiple punitive damages awards based on the same act or course of conduct.

Prohibits the award of multiple punitive damages awards based on the same act or course of conduct unless the court makes a specific finding that earlier punitive damages awards were insufficient.

Statutory damages are damages awarded based on a fixed amount set by law.

A claim for an increased punitive damage award based on systemic wrongdoing may strike some lawyers as dubious on the basis that a plaintiff should not be able to claim damages for the harm done to others.

1057 (prohibiting factfinders from imposing punitive damage awards based on the amount of harm caused by the defendant to nonparties to the litigation).

Not exact matches

Subiaco - based resource exploration company TNG has been awarded damages of $ 3.5 million after a court case that spanned more than a decade, but has cautioned that the impact of the «extraordinarily complex» judgement remains unclear.

The jury still must consider what damages to award to Merck and its co-owner of the patents, Ionis Pharmaceuticals Inc., for past sales, Kenilworth, N.J. - based Merck said in a statement.

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 same survey showed almost three quarters believe bereavement damages should be awarded on a case by case basis.

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.

Scientists at the Bar Harbor - based MDI Biological Laboratory have been awarded a patent — the first for the lab — for MSI - 1436, a potential new heart disease drug that stimulates the repair and regeneration of heart tissue damaged by injuries and heart attacks.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

Waller - Bridge, 31, is the creator, writer, and star of last fall's pitch - black Fleabag (also on Amazon Prime), based on her 2013 award - winning one - woman play about a damaged woman who's grieving the death of her best friend in none of the standard Kübler - Ross ways.

Each battle is scored based on how long it takes and how much damage you receive and this determines how much Yen you're awarded.

Awarded $ 50 million for 62 State Pipeline Safety Base grants, $ 1.5 million for 19 State Damage Prevention grants, and $ 1.1 million for One Call Grants to 26 State agencies;

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.

Upon the successful clearing of one room, you are awarded experience points based on your performance, which takes into account damage and time taken.

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.

A Stouffville woman who was the subject of a libel lawsuit based on comments she made in two Facebook groups about a potential environmental issue has been awarded $ 7,500 in damages by an Ontario Superior Court judge.

[7] Nevertheless, «[w] hile cy - pres distributions may not appeal to some on a policy basis, this method of distributing settlement proceeds or damage awards is contemplated by the [British Columbia] CPA, at s. 34 (1).»

The amount of money that a personal injury case can be awarded is based on the damages that the plaintiff (the person injured) suffers.

Nineteenth - century treatises similarly recognized judges» authority to award new trials on the basis of the size of damages awards.

Fourth, and perhaps most important, in product liability cases, Oregon requires that punitive damages, if any, be awarded based on seven substantive criteria, set forth in Ore..

The Court of Appeal held that the statutory deductible amendment was intended to have retrospective application based on a contextual analysis of related provisions of the Insurance Act and the reasoning that «since the jury awards damages in today's dollars, the quantum of the deductible should similarly be calculated in today's dollars».

Simply put, Judge Koh saw no indication that the jury did not consider all of the damages Apple suffered when it determined, on a per - product basis, its damages award.

While Colorado allows a jury to award these damages meant to punish the defendant, Colorado caps the amount of the award on a one - to - one basis.

Washington courts primarily award non-economic damages based on your life expectancy and income, rather than whether the defendant is a medical professional.

The Court then discussed in some detail three bases of reasoning for not deducting private insurance benefits from a damages award:

Schedule Loss of Use awards are additional cash payments which are determined based on which body part was damaged and how much it was damaged.

The Court of Appeal ultimately dismissed the father's appeal all grounds, and specifically stated, that awarding damages for the father's tort claim of «involuntary parenthood» would be contrary to the spirit and purpose of the family law system and would «run against the clear trend in the law moving away from fault based claims in the family law context.»

In Howard the Ontario Court of Appeal awarded an employee whose employment was terminated 23 months into a five - year term damages reflecting the balance of the term on the basis that the contractual clause providing for early termination was unenforceable due to ambiguity.

Although the Court clarified that damages based on the manner of dismissal are still compensable, in essence, the Court's decision will limit or restrict the punitive or «deterrant» effect of such awards and focus on compensating employees for actual losses suffered.

We work on a contingency fee basis, which means that if your case is settled and you recover damages, we will collect a portion of that award.

Today, Judge Raymond A. Jackson of the Eastern District of Virginia awarded supplemental damages, bringing the historic jury verdict obtained by Morgan Lewis on behalf of San Jose - based ActiveVideo Networks (AVN) against Verizon to nearly $ 140 Million (more...)

By being diligent with documentation, injured parties can improve the likelihood that they'll be awarded general damages based upon a higher multiplier.

The Chinese legal system also provides for damages to be awarded when infringement is found based on the patentee's actual losses, profits of the infringer and royalties.

A California jury awarded damages of $ 18.8 million based on lost profits and a royalty rate of 20 % to Conceptus due to Hologic's infringement of a Conceptus patent related to a transcervical intrafallopian contraception method.

Before examining damages based on the type of plaintiff, there are a few other interesting things to note about damages awards generally.

Once the degree of fault in an accident is determined, any awards or damages are paid based on the percentages of liability found.

At the end of the tort trial, the jury also awarded the Plaintiff damages under these categories, but lumped them all together so that it was impossible to determine, on an «apples to apples» basis, how much should be deducted from each category.

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.

The second important lesson is that, when c. 93A damages are sought in uninsured and underinsured claims, multiple damages based upon the arbitration award are available, provided the award is confirmed as a judgment in court pursuant to G.L. c. 251.

He asked for, and the jury awarded, damages based on what it would cost him to restore the trees.

In accordance with the key principle of the Default Clause that damages are to be based on (but not limited to) the difference between the contract price and the actual or estimated value of the goods at the date of default, the Board of Appeal had awarded Buyers substantial damages.

Julian Chamberlayne, head of the travel law team and partner at Stewarts Law, says that the biggest surprise in the new CPR for personal injury and clinical negligence lawyers is that the QOCS exceptions will still «expose successful claimants to interlocutory, issue based or proportional costs awards, but only up to the level of damages and interest awarded».

Last year also saw another Canadian first in Airbus Helicopter v. Bell Helicopter, which awarded Airbus $ 1 million in punitive damages based on the gross misconduct of the defendant Bell: the only punitive damages award for patent infringement in Canadian history.

The damages award was based heavily on the fact that PCA executives weren't in the dark about the salmonella in their products.

A jury found ION liable for infringement under § 271 (f) and awarded damages including $ 93.4 million in lost profits based on the WesternGeco's loss of survey contracts outside the U.S. as a direct result of ION's infringing activity.

This week, St. Lewis won her three - year libel case against Rancourt and was awarded $ 350,000 in damages by an Ottawa civil jury, based on damages to her reputation stemming from Rancourt's use of the pejorative term in a 2011 blog.

Nintendo sought statutory damages for TPM circumvention on a per - work basis, i.e., a separate statutory damage award of $ 500 to $ 20,000 for each of the 585 Nintendo games made accessible by Go Cyber's circumvention devices.