The Alberta Court of Appeal in Bedard rejected that factor as a basis for not deducting settlement proceeds
from damages awarded at trial.
Any benefit derived from complying with this duty must be deducted
from damages awarded in lieu of reasonable notice.
These collateral benefits raise the question of whether that amount should be deducted
from the damages awarded, in order that the plaintiff not recover more than the loss actually suffered.
The Court held that the disability benefits paid should be deducted
from the damages awarded for notice, as those benefits were intended to compensate for lost wages.
IBM filed an appeal, claiming that the judge should have deducted the amount of pension benefits paid during the notice period
from the damages award, which the Court of Appeal dismissed.
The Court then discussed in some detail three bases of reasoning for not deducting private insurance benefits
from a damages award:
Pursuant to Idaho's comparative negligence rule, if a claimant's total fault is less than 50 percent, he or she can be awarded damages, but any amount of damages attributable to him or her must be deducted
from the damages award.
[119] Since the employment income that Ms. Brake earned during her statutory entitlement period is not deductible
from the damages award, the trial judge ought to have determined her statutory entitlement period and identified which items of employment income were attributable to that period and which were attributable to the Balance of the... [more]
If your case is successful, we ensure that the defendant will reimburse our costs separately and independently
from your damages award.
Justice Feldman reasoned that where a wrongfully dismissed employee is forced, because of financial considerations, to accept an inferior position because no comparable positions are available, the amounts earned in that inferior position should not be deducted
from the damages award.
The trial judge erred in law in failing to deduct the income Ms. Brake received during the notice period
from the damages award.
On this basis, the court did not deduct such benefits
from the damage award.
Not exact matches
After Monsanto, Apple ranked second and third for most
damages awarded to it in such cases, with close to a billion dollars
from — guess who — Samsung.
In most cases, though, they are financial investments in which backers are motivated by the potential proceeds
from a large
damage award.
The move, which Denton confirmed on Monday via Twitter, will temporarily prevent Hulk Hogan, the professional wrestler whose real name is Terry Bollea,
from collecting millions of dollars in
damages he was
awarded from Denton in an invasion - of - privacy lawsuit in May.
In a widely publicized privacy lawsuit this year, a Florida jury
awarded Hogan, whose real name is Terry Gene Bollea, $ 140 million in
damages from Gawker for publishing a sex tape in 2013 in which the former wrestler was featured.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»),
from and against all actual or alleged Daily Harvest Party or third party claims,
damages,
awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to,
damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
Also, in Q2 / 18 the company may receive a favorable ruling
from an arbitration tribunal that could
award substantial
damages, which could be a major near - term catalyst for the stock, significantly adding to the company's balance sheet and initiating a re-rate in the marketplace.
A Finra arbitration panel has
awarded former UBS broker Wilson Dennis Colberg - Trigo $ 1.236 million in compensatory
damages in a dispute involving his termination
from the firm, but also ordered the broker to pay the firm $ 854,157 to settle the...
What we have is an entire sector under the blowtorch and battling serious reputational
damage as the audience lay witness to AMP lying to the regulator, CBA
awarded the «gold medallist» for charging fees for no service, planners caught taking fees
from dead people, NAB caught false witnessing documents, client impersonation, inappropriate advice, Orwellian protection policies and a witness cutting short his testimony after collapsing.
If a judge pronounce a judgment, render a decision, deliver a sealed verdict, and afterward reverse his judgment, they shall prosecute the judge for reversing the judgment which he has pronounced, and he shall pay twelve fold the
damages which were (
awarded) in said judgment; and publicly they shall expel him
from his seat of judgment and he shall not return, and with the judges in a case he shall not take his seat.21
ON MONDAY a Tennessee jury
awarded Fox Sports broadcaster Erin Andrews $ 55 million in
damages for claims stemming
from her successful lawsuit against the Nashville Marriott hotel and convicted stalker Michael David Barrett.
INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives
from and against any and all claims, demands, proceedings, losses, costs,
damages,
awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.
By participating in the Twitter Party, participants release and agree to hold harmless the Twitter Party Hosts, Sponsors and their respective parent companies, affiliates or related companies, directors, employees, officers and agents, including without limitation, her advertising / promotion agencies
from any and all liability, injury, loss, or
damage of any kind, including but not limited to personal injury or death, arising
from or in connection with participation in the Twitter Party, or the
awarding, receipt, possession, use or misuse of any prize and / or with respect to participation in any prize - related activity.
By entering, all Participants also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders,
from and against all claims and
damages or liability arising in connection with each Participant's participation and / or entry in the Promotion and / or their receipt or use of any prize
awarded in this Promotion or due to any injuries,
damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly,
from acceptance, possession, misuse or use of any prize or participation in any promotion - related activity or participation in this Promotion.
Press Release
from Eliot Engel's Office Congressman Eliot Engel announced last week, that $ 20 million in federal funds were
awarded to New York State for emergency repairs of roads
damaged by Hurricane Sandy.
The firm would receive a cut of between 10 percent and 40 percent of any settlement agreement or
awarded damages that may result
from the lawsuit, depending on the stage at which the suit is resolved.
In 2009, the American Psychiatric Association
awarded Dr. Okin and Mental Disability Rights International their human rights
award «to recognize an individual and an organization exemplifying the capacity of human beings to protect others
from the
damage related to the professional, scientific, and clinical dimensions of mental health, at the hands of other human beings.»
«The children and families I chronicle in «Collateral
Damage» have long suffered
from the health problems of living in violent neighborhoods,» McDaniels said upon learning she had won the
award.
Microassaults are especially
damaging when they come
from a high school science teacher, college mentor, university dean or a member of the scientific elite who has been
awarded a prestigious prize — the very people who should be inspiring and supporting the next generation of scientists.
The court did
award civil
damages to the families who hadn't already accepted an indemnity
from the state.
American Chemical Society
awarded $ 4.8 million in
damages from site with millions of illegally hosted journal papers
Study using disabled form of HIV in gene therapy wins highest
award from Clinical Research Forum; others cited for advances revealing
damage caused by long - term cortisone shots to treat arthritic knees; and gene replacement therapy for infants with deadly neuromuscular disease
(Inside Science, Currents)-- A few months back, the 2015 Nobel Prize in Chemistry was
awarded to three scientists who discovered DNA's remarkable ability to repair itself after
damage from all manner of assaults.
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.
While the boys» father Hollis (two - time Emmy
Award - winner Aaron Paul) loves his sons, he is still reeling
from the loss of their mother, spending more time drowning his sorrows at the local bar and working on his
damaged beach house than being an active parent.
11.5 You undertake to indemnify us and keep us at all times fully indemnified
from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs),
awards and
damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.
Coming
from another star, a response like that could have a
damaging effect on an
awards campaign.
Peoria, Ill — A federal jury here this month
awarded a public - school teacher $ 514,000 in
damages from his employer, Peoria School District 150, after agreeing that he had been penalized for speaking to school - board members.
The Minnesota Supreme Court has upheld an $ 820,000 compensatory -
damages award won by the North St. Paul - Maplewood school district
from the producer of an asbestos fireproofing spray used in a high school built in 1969.
Appeal
from judgment entered by the United States District Court for the Southern District of New York (Mark D. Fox, Magistrate Judge), which held that defendant Board of Education of the Newburgh Enlarged City School District intentionally discriminated against plaintiff Santina Polera in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and
awarded damages to plaintiff.
Her second book, Mother Country: Britain, The Welfare State and Nuclear Pollution (1988), revealed the extensive environmental
damage caused by the nuclear reprocessing plant at Sellafield, in the north of England; the book evolved
from an essay that she wrote for Harper's Review and was a finalist for the National Book
Award.
(c) By accepting the prizes, Winner releases and discharges MADEFIRE, its affiliated companies and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents
from any liability or
damage due in whole or in part to the
award, acceptance, possession, use or misuse of any prize or
from participation in this Contest.
The bankruptcy code allows you unlimited compensatory
damages, but cap the amount of pain and suffering
award you can protect
from creditors.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's
award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding
from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to
award punitive
damages.
When a jogger who ran under the pier was struck and paralyzed by a piece of concrete (and the county paid a $ 3.2 million
damage award), the pier was closed and the underside wrapped in chain link to prevent chunks of concrete
from falling on any more unsuspecting strollers.
Attacking
from another point does not do as much
damage, but rather fills up the Chain Gauge which
awards extra experience and other bonuses.
Unreal developer Epic Games has been
awarded damages of $ 4.45 m as it defeated a lawsuit
from Silicon Knights.
Neither the World Photography Organisation, nor any other party involved in creating, producing, or delivering the Site, nor any naming right sponsors, event sponsors and third parties affiliated with the World Photography
Awards and the World Photography Organisation («Event Partners») shall be liable for any direct, incidental, consequential, indirect, or punitive
damages arising out of Your access to, or use of, or browsing the Site, or downloading of any materials, data, text images, video, or audio
from the Site, including, without limitation,
damage to, or viruses that may infect, Your computer equipment or other property as a result thereof.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns
from and against any claims, liabilities,
damages, judgments,
awards, losses, costs, expenses or fees (including reasonable attorneys» fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained
from the Website.