Sentences with phrase «egregious conduct by»
However, most articulations of the Whiten rationale have limited its application to clearly harsh or egregious conduct by an insurer.
http://www.gilbertsondavis.com/ Not exact matches
«To us as a party, the most egregious of the faux pas committed by INEC is asking the APC to lawfully nominate a candidate for the supplementary governorship election without a valid and legally cognizable primary election of the party conducted within the mandatory timeliness specified by the electoral act.
It's already started thanks to Robin Camp's egregious conduct, and the four Law Professors and the Justice Minister who were guided by their good conscience and courage to do something about it!
As for the suggestion that the judge should have held a competency hearing, how could a judge conduct a meaningful «competency» hearing against a defendant when the judge was the incompetent party, i.e., «altogether uninformed» and «egregious lack of knowledge» on the issue of self - representation rights as admonished by the court of appeals.
On appeal the Cains argued that the trial court erred by giving Instruction 10 which included language that noted «punitive damages are generally not favored and should be awarded only in cases involving egregious conduct.»
The trial court noted the defendant's «egregious» conduct, sustained Stemke's punitive damage award, and granted remittitur of Coalson's award, and reduced it by half.
The common law standard applied by Virginia courts requires the «most egregious conduct» to justify an award of punitive damages.
It would take really egregious facts and serious damages caused by the conduct to make the case stick, and I doubt that you could find an appraiser willing to testify as an expert witness that this conduct rose to a violation of the standard of care for an appraiser, even if it was not a case of «best practices» in the profession.
In the extremely narrow class of such cases where a spouse's conduct rises to the level of egregious fault, fault can be considered by the judge at trial, not in calculating an alimony award, but in the initial determination of whether alimony should be allowed at all.