Sentences with phrase «for statutory damages»

2013)(successfully obtained published Eighth Circuit decision reversing district court's dismissal of two consumer class actions on the grounds that that consumers lack injury - in - fact for purposes of Article III standing to pursue a claim for statutory damages arising out of federal notice requirements)(briefed and argued)

Sheffner provided two justifications for statutory damages in copyright cases: 1) to give copyright owners relief for their injuries in cases where the court would have difficulty proving damages and 2) to punish the infringer (s) and discourage others from future violations.

In a decision closely watched by businesses that are the targets of consumer class action lawsuits, the U.S. Supreme Court confirmed that a plaintiff asserting a statutory claim must make a showing of particularized and concrete harm sufficient to establish Article III standing, even if the underlying statute provides for statutory damages without a separate...

These are as follows: T -117-17 Blacklock's v. Attorney General of Canada re Health Canada for $ 90,100.55 + punitive damages of $ 25,000; T -132-17 Blacklock's v. Attorney General of Canada re Employment and Social Development Canada (EDSC) for Statutory Damages + punitive damages of $ 20,000; T -133-17 Blacklock's v. Attorney General of Canada re Transport Canada for $ 85,228.50 + punitive damages of $ 10,000; T -134-17 Blacklock's v. FINTRAC for $ 11,470 + punitive damages of $ 5,000...

For actual damages — or for statutory damages.

In the USA, if you have infringement of a copyright without a notice, you are merely limited to actual damages, rather than having the option of trying for statutory damages.

The debt collector may just be liable to you for statutory damages of up to $ 1,000, plus any actual damages suffered, plus attorney fees.

Violations of this Section provide for statutory damages of up to $ 4,000 and reasonable legal fees.

Our policy is to immediately file DMCA complaints and federal copyright infringement lawsuits against any webmaster caught stealing content from Sex-Dating-Reviews.com and to press for statutory damages as high as $ 150,000 as set forth in Section 504 (c)(2) under 17 U.S.C. Section 101 et seq..

The AG, Maura Healey, is asking for statutory damages under Massachusetts consumer and data security law on behalf of every state resident whose private information was exposed when hackers broke into Equifax's systems — regardless of wheth

In the case of TCPA plaintiffs, counsel should avoid the temptation to rely on the fact that the TCPA provides for statutory damage.

Not exact matches

Statutory damages penalize defendants for every violation.

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If the Saxo Bank Group at any time and for any reason, should become liable for the loss of any person and / or entity, including without limitation, if any provision of this disclaimer is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, the liability of the Saxo Bank Group shall be limited to such person's and / or entity's duly documented direct loss, which for the avoidance of doubt, and without limitation, shall not include damages for any incidental and consequential losses, damages for lost opportunity, damages for lost profit, statutory damages, nominal damages, punitive damages, restitutionary or disgorgement damages, damages for costs, including legal costs, and damages for any other indirect loss.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

As a general point, the statutory time limit for bringing a claim for damages for personal injuries is three years from the date of the incident.

Bills in the package would also raise civil penalties for Violations And Create An Avenue for Housing Courts to award statutory, compensatory and punitive damages as well as attorney's fees and costs for harassment cases.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

Registration is required for you to file legal action for infringement, adds statutory damages and attorney's fees as potential remedies if your work was registered before the infringement (generally), and helps prove that your copyright is valid.

In the US, registering that copyright simply provides a few statutory rights when it comes to claiming damages — and it should only cost you $ 35 to apply for it online (as of March 2018).

«Violations of the ATR requirements can lead to affirmative claims against creditors and defensive claims against assignees for potentially significant monetary damages consisting of actual damages, $ 4,000 in statutory damages, a refund of finance charges paid at closing, and three years of interest actually paid and attorneys» fees.

The FDCPA prohibits abusive or coercive behavior in pursuit of a debt and awards consumers statutory damages of $ 1,000 for each violation of its code of conduct.

In at least one state, you're well advised to get renters insurance because standard lease agreements force you to waive your statutory protections against being held responsible for damages to the apartment.

Evidence such as collection letters, loan / lease agreements, documents which authorize automatic payments, credit reports, dispute letters, voicemail messages, and / or any other files related to consumer situations are all very ripe for violations of consumer laws that provide these «statutory damages» to consumers.

Though the German courts recently ruled not to enforce the US court's decision (on the grounds that it considered the minimum statutory damages awarded to be excessive and punitive), Bossland ended sales for almost all of its hacks at the end of last year; as of today, the only ones remaining are for non-Blizzard games, specifically Final Fantasy XIV and Path of Exile, though according to the group's latest newsletter, there's a PUBG one tucked on the forums too.

Koch Media is liable according to the statutory provisions for damage / loss sustained by a user and caused deliberately or through the gross negligence of Koch Media or its vicarious agents.

There are statutory time limits to filing a civil claim for damages, and we recommend that you engage the services of a competent quadriplegia accident lawyer as soon as is reasonably possible after the accident.

Therefore, the Defendant's offer to settle of $ 40,000 exceeded the Plaintiff's damages recovery after reductions for collateral benefits and taking into consideration the statutory deductible ($ 22,136.60).

On August 1, 2015, the Court Proceedings Regulation was amended to change the statutory deductible for non-pecuniary damages from $ 30,000 to $ 36,540 (and adjusted for inflation on January 1st of each year).

Unaffected by the decision was the reported $ 8.8 million award for economic damages, such as medical costs and lost wages, which has no statutory limitation.

Our litigation and trial lawyers are experienced with the common and statutory laws involving the prospective liability of manufacturers, distributors, and sellers of products to purchasers, users, and bystanders for personal injury and property damage caused by alleged defects in those products.

By order dated July 14, 2014, the motion judge, the Honourable Justice Martin S. James of the Ontario Superior Court of Justice sitting at Ottawa, granted Mr. Arnone's motion for summary judgment and ordered Best Theratronics to pay (i) damages equal to the gross amount of the salary Arnone would have earned until he qualified for an unreduced pension, less payments made to him to satisfy the statutory obligations of the employer, (ii) $ 65,000 representing the present value of the loss of an unreduced pension, (iii) a retirement allowance equal to 30 weeks» pay, and (iv) costs totaling $ 52,280.09.

I'd like to see the minimum statutory damages increase from $ 1,000 to a mandatory $ 5,000 for successful actions to enforce liability.

While the statutory cap on compensation for unfair dismissal has crept upwards (it is now # 63,500) the rules governing the award of damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the general principles of contract law.

Wisconsin's statutory cap on noneconomic damages for medical malpractice cases has taken many twists and turns over the past 20 years.

At statutory damages of $ 500 to $ 1,500 per violation, defendants sued for TCPA violations often face exposure in excess of $ 1 billion.

If your trademark has been copied or infringed, we will help you take the appropriate steps to impose a cease and desist order on anyone wrongfully using your mark, and to obtain compensation for lost revenues, as well as statutory damages.

That is the range of statutory damages allowed under federal law for copyright infringement.

258.2 Sections 258.3 to 258.6 apply only in respect of a claim for loss or damage from bodily injury or death arising from the use or operation, after section 29 of the Automobile Insurance Rate Stability Act, 1996 comes into force, of an automobile in Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule.

We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated.

In a post on this site last November, «Why the new s. 258.3 (8.1) of the Insurance Act will retroactively scale back prejudgment interest rates in MVA actions,» I stated that the statutory amendment reducing the rate of prejudgment interest for non-pecuniary damage awards (damages for pain and suffering and the non-pecuniary portion of dependent family claims) in automobile tort cases must be applied retroactively.

Statutory Fee - Shifting Provisions Can Have Real Force In A Case For A Prevailing Party, Even If The Compensatory Damages Award Is Much Less Than Requested Fees.

Statutory benefits, insurance proceeds and special payments for damage may all be available, depending on the circumstances.

(6) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, the damages to which a plaintiff is entitled for pecuniary loss, other than the damages for income loss or loss of earning capacity and the damages for expenses that have been incurred or will be incurred for health care, shall be reduced by all payments in respect of the incident that the plaintiff has received or that were available before the trial of the action for statutory accident benefits in respect of pecuniary loss, other than income loss, loss of earning capacity and expenses for health care.

He was looking for a separate award of statutory damages for each infringement — then essentially multiplied by all of the joint infringers.

If you get sued they do not need to demonstrate financial loss - copyright claims can either be pursued for actual or statutory damages, that is, a fixed amount per violation.

Remedies include compensation for loss and expenses, «private fines» (statutory damages) really as a bonus for pursuing the action.

Nintendo elected to recover statutory damages for both copyright infringement and TPM circumvention and the decision discussed in detail the court's approach to the damages award.

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.