Sentences with phrase «evidence of actual damages»

Not exact matches

At cl 4 (5) the Lord Chancellor is to have regard to the actual investments made by investors of relevant damages, although there is no requirement for him to publish any evidence he considers of such investor behaviour.

[19] More importantly, there was no evidence of any kind that the Respondent suffered any actual damage as a result of the termination.

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 defendant employer appealed the award of aggravated damages given by the deputy judge, arguing that she erred in law when she awarded aggravated damages when there was no finding by the deputy judge that the employer had conducted itself in a manner that was unfair or in bad faith when it terminated Mr. Walker such as to justify an award of aggravated damages; and furthermore, there was no evidence, in any form, to show that the Respondent suffered any actual damages as a result of his termination.

For such a business claim to succeed, the judge had been entitled to require specific evidence such as evidence of the actual use of the damaged vehicle for business purposes before the accident and the use to which the hire vehicles had been put during the period of hire.

The affidavit evidence must be specific, must be based on the personal knowledge of the affiant as much as possible and should specify that the actual or potential damage to the plaintiff is «very serious».

Barking Hound argued that the trial court erred in not granting summary judgment on this claim because the plaintiff had failed to present evidence that the deceased dog had actual market value, which Barking Hound contends is the sole form of damages recoverable.

«We believe this verdict is not justified by the evidence, and that the award is clearly excessive and far out of line with any factual assessment of actual damages,» Kristina Chang, a Janssen spokeswoman, said in an e-mailed statement.

Generally speaking, the Court is not going to award any damages for accelerated depreciation unless there is direct evidence supporting an actual loss suffered by the owner of the damaged vehicle.

Dismissal for lack of evidence or prosecutorial discretion is not the same as having a right recognized on the record that would enable you to win a claim for false arrest or other damages, get state laws struck down, etc. that would be able to be done if you had an actual right.

In the appeal, the defense argued that if the bills have to go in, then the amounts actually paid should go in too and that the jury can then decide, based on this competing evidence, what the actual «value» of the services was for purposes of assessing damages.

The hospital ultimately moved for summary judgment, which the trial court granted, finding that: (1) the technologist did not act within the scope of her duties, as is necessary for the hospital to be vicariously liable for the technologist's conduct; (2) the plaintiffs failed to adduce sufficient evidence to support a finding of intentional infliction of emotional distress; and (3) none of the plaintiffs suffered actual damages as a result of the technologist's conduct.

The trial court had found that while the Appraiser and Lender may have acted with conscious disregard of the false statement made to the buyers, there was no evidence that they had actual knowledge of the Beeman's fraud and so the trial court did not submit the punitive damage claims against the Appraiser and the Lender to the jury.