Sentences with phrase «damages in a civil claim»

if the employer / employers is / are still trading, there must be no realistic chance of receiving damages in a civil claim; or
So - called «general» or «non-economic» damages in civil claims where someone is killed are awarded based upon California Civil Jury Instruction 3921, which states that a jury must come up with a dollar figure value for the loss of, «love, companionship, comfort, care, assistance, protection, affection, society, moral support.»

Not exact matches

HINDMAN, Ky. (AP)-- A Kentucky jury has awarded two former coal miners who filed a civil lawsuit claiming defective dust masks led to their debilitating black - lung disease $ 67.5 million in damages.
In addition to plans for taking the damage claims to civil court?
In her follow - up letter dated July 13, she recommends that the civil penalty specified in the Consent Order be increased from $ 1.5 million to no less than $ 10 million, to be used «to finance environmental benefit projects and damage claims of property owners, both public and private.&raquIn her follow - up letter dated July 13, she recommends that the civil penalty specified in the Consent Order be increased from $ 1.5 million to no less than $ 10 million, to be used «to finance environmental benefit projects and damage claims of property owners, both public and private.&raquin the Consent Order be increased from $ 1.5 million to no less than $ 10 million, to be used «to finance environmental benefit projects and damage claims of property owners, both public and private.»
A woman who worked in the film industry has filed the first civil claim in Britain against Harvey Weinstein, alleging a series of sexual assaults by the producer and seeking personal injury damages to exceed $ 400,000.
Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distclaims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distClaims Act on negligence claims against school distclaims against school districts.
Settling the European Commission investigation into anti-competition clauses in Amazon's e-books contracts with publishers would allow Amazon to escape fines, civil claims, further investigations and reputational damages, Maverick Law competition partner Bas Braeken noted.
In the Franklin American case, the Justice Department said the lender violated the False Claims Act, a Civil War - era law that extracts treble damages from violators.
In 2009, while the investigation was still ongoing, the wife filed a civil lawsuit against the insurance companies, claiming damages of over $ 10 million.
The term is used in conjunction with the CFTC's customer claims procedure to recover civil damages.
Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.
Limitation periods restrict the amount of time that a person has to start a civil claim against a wrongdoer in order to seek compensation for his or her damages.
We represent individuals and professionals, municipalities and their agencies, business entities, trucking companies, insurers and their insureds from claims and lawsuits for catastrophic losses and personal injuries, civil rights, construction losses and contracts, employment related practices, property damage and wrongful death arising from the transportation function and commercial motor vehicle activity; the ownership, use and control of land (including environmentally related or toxic exposure claims); the design, manufacture, sale or use of industrial and consumer products; and liability claims against licensed professionals, including lawyers, engineers, accountants and architects, in the States of Pennsylvania and New Jersey.
It is therefore also difficult to determine whether an employee is «barred» from claiming damages for mental stress in the context of a civil claim.
California limits the amount of time one has to file a claim for damages in civil court.
In most cases, you will have two years from the date of your bus accident to file a civil claim for damages.
The team represented airline clients in all facets of complex civil litigation arising out of the crash of a commercial flight including wrongful death and personal injury claims, property damage claims, CERCLA and other environmental claims, and insurance coverage disputes.
Fortunately, Illinois state laws are designed to protect victims who are injured in collisions by allowing them to seek relief for their losses through the use of a civil claim for damages.
Bringing a complaint is separate to bringing a civil claim for damages, and we regularly advise clients in relation to both.
It is defined differently in different states and jurisdictions, however, most jurisdiction, including California define the civil lawsuit proof standard as «by a preponderance of the evidence» for most types of claims and, the slightly higher standard of «clear and convincing evidence» for claims for punitive damages (damages meant to punish the defendant rather than just compensate the victim).
By contrast, the «burden of proof» in a civil claim for money or other damages is lower.
If an illegal search was conducted, the aggrieved party may make a criminal complaint for trespass or criminal force, or commence a civil claim for damages in the tort of trespass.
A determination of insurance liability by an accident investigation may help in pursuing compensation for these damages, but it is not necessary when pursuing a claim in civil court.
Although a claim brought in the courts will have a cost attached to it, the cost of any such proceedings may be less than the damage caused by the initial error, particularly in an unopposed claim brought pursuant to Part 8 of the Civil Procedure Rules.
Tort Claim In general terms, a tort is a civil wrong, involving a breach of duty or a negligent act by one person which results in injury or loss to another, and gives the injured party the right to bring a legal action for damageIn general terms, a tort is a civil wrong, involving a breach of duty or a negligent act by one person which results in injury or loss to another, and gives the injured party the right to bring a legal action for damagein injury or loss to another, and gives the injured party the right to bring a legal action for damages.
An attorney can assist you in filing your insurance claim and in taking your claim to civil court if this is necessary to seek the financial damages you deserve.
The Court of Appeal in the present case found that it should be decided as a civil claim for damages for breach of confidence (para. 32).
Prepared an Expert Opinion on the transfer of risk in a delivered contract and gave oral evidence before a civil jury in Houston Texas on a claim for damages caused by the loss of a multi-million dollar electrical generator entering the port of Houston.
Fair - use provisions protect the use of copyright - protected works from claims of civil damages (Copyright Acts § 502 and 504) in specific circumstances.
Generally speaking, the Bill addresses the need for lowering discovery costs and for expeditious movement through the civil courts in matters involving claims for lower dollar damage amounts.
The Court of Appeal in Simmons v Castle, held that the level of damages in certain types of claims should be increased by 10 % after 1 April 2013, to reflect the fact that claimants would no longer be able to recover success fees and after the event insurance premiums from Respondents in the civil courts...
In order to recover the emotional, physical, and / or financial damages you or your loved one suffered, you must pursue a personal injury claim in a civil courIn order to recover the emotional, physical, and / or financial damages you or your loved one suffered, you must pursue a personal injury claim in a civil courin a civil court.
In a civil case, the person claiming to be damaged need only prove their case by a preponderance of the evidence.
In such cases where the at - fault driver either didn't have any auto insurance or where their insurance was insufficient to cover your damages, then you would file a claim against your own policy to seek financial recovery up to the full policy limits or if necessary through filing a civil lawsuit.
A victim who wants to obtain financial compensation for her medical bills, injuries, pain and suffering, and lost wages can do so by bringing a civil claim for damages provided the claim is brought within the time period specified by law and in accordance to all local and state rules.
These damages can be recovered, or paid back to you, by filing a personal injury claim in civil court.
In summary, the Supreme Court's latest decision in the JSC BTA Bank litigation adds to the civil fraud litigator's toolkit: he can now raise a claim in conspiracy founded on contempts of court; he may be able to bring a damages claim for simple contempt; and he can sue in England where there is a good arguable case that a conspiracy has been hatched herIn summary, the Supreme Court's latest decision in the JSC BTA Bank litigation adds to the civil fraud litigator's toolkit: he can now raise a claim in conspiracy founded on contempts of court; he may be able to bring a damages claim for simple contempt; and he can sue in England where there is a good arguable case that a conspiracy has been hatched herin the JSC BTA Bank litigation adds to the civil fraud litigator's toolkit: he can now raise a claim in conspiracy founded on contempts of court; he may be able to bring a damages claim for simple contempt; and he can sue in England where there is a good arguable case that a conspiracy has been hatched herin conspiracy founded on contempts of court; he may be able to bring a damages claim for simple contempt; and he can sue in England where there is a good arguable case that a conspiracy has been hatched herin England where there is a good arguable case that a conspiracy has been hatched here.
A wrongful death claim typically involves the filing of a lawsuit in civil court to recover monetary damages for a death caused by another party's negligence.
Although a deceased person can no longer bring a personal injury claim, surviving family members can, in the form of a wrongful death civil suit; seeking damages against the responsible party or parties.
If you are the victim of a rollover car accident or is someone you love was hurt or killed in a Chicago collision, you may have the right to bring a civil claim for your damages.
When you are hurt in a crime in Florida, you may have a claim based upon Florida civil law which covers the damages that you have suffered as a result of the crime.
According to the Texas Supreme Court, the net worth of a defendant in an injury claim or civil litigation procedure is both directly related to an exemplary damage award and discoverable.
Under Tennessee law, the family of the recently deceased can file a wrongful death claim, through the civil justice system, in order to recover damages.
The Court found that the decision in the Judicial Review proceedings did not determine any civil law claim for damages and consequently the SFO was not precluded from disputing liability for trespass.
If a third party contractor, engineer, equipment manufacturer, or your own employer's gross negligence or recklessness caused your injuries, you may have a claim in civil court for compensatory and punitive damages.
This is the province's first - ever class action involving the new tort of «intrusion upon seclusion», which allows individuals to advance a civil claim for damages against an intruder who intentionally invades their privacy, without legal justification, in a manner that is highly offensive to the reasonable person.
In Ontario, the dismissed employee can claim damages for breach of the Code either by filing an application with the Human Rights Tribunal of Ontario or as part of a civil action (ie a court action).
The damages exposure in these civil claims can often be far greater than the financial penalties imposed by the competition authorities.
The issue was whether the judge was right to conclude that it is open to a court, in the absence of statutory authority, to order a closed material procedure for part (or, conceivably, even the whole) of the trial of a civil claim for damages in tort and breach of statutory duty.
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