The court also stated that the Government would not need to show that Wilf engaged
in egregious conduct to be liable for punitive damages.
Again, as a general rule, a Crown Prosecutor is more likely to seek a custodial sentence if a defendant has engaged
in egregious conduct such that the defendant's behaviour is closer to an intentional act than negligence.
Not exact matches
«There is enough grey
in grey marketing law and the lack of federal government enforcement of labelling and packaging laws to prevent the characterization of the defendants»
conduct as sufficiently
egregious to attract further condemnation from the court,» Myers wrote.
Throw
in the massive carbon - ceramic brakes that refuse to fade, mated to the soft - but - streetable (treadwear rating is 80) 20 - inch Pirelli P Zero Trofeos (245/30 front, 305/30 rear), and the Huracán Performante is a downright tossable supercar that tolerates all but the most
egregious on - track
conduct.
«He has patiently
conducted surveillance on suspected dog fighters» properties
in order to help stop the
egregious blood sport
in Philadelphia.»
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.»
They are meant to punish or deter future similar
conduct when the circumstances involved
in the case are particularly
egregious.
Punitive damages are awarded against parties
in order to deter certain
conduct that courts finds
egregious or outrageous.
In this case, the Virginia Court of Appeals found evidence in the record of husband's egregious conduct toward wife, thus justifying the divorce court judge's ruling that husband was not entitled to spousal suppor
In this case, the Virginia Court of Appeals found evidence
in the record of husband's egregious conduct toward wife, thus justifying the divorce court judge's ruling that husband was not entitled to spousal suppor
in the record of husband's
egregious conduct toward wife, thus justifying the divorce court judge's ruling that husband was not entitled to spousal support.
In the Court of Appeal, she argued that the damages were too low given the employer's
egregious conduct and asked for a new sum of over $ 1 million.
Seven of the nine judges who heard the case agreed: «Honda's
conduct in dismissing Keays was
in no way an
egregious display of bad faith justifying an award of damages for
conduct in dismissal.»
«There was some
egregious conduct to the level of written reprimand being issued, the most recent one
in January.»
Punitive damages are also available
in many jurisdictions to punish defendants
in those cases involving particularly
egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.
These damages act as a punishment for some
egregious conduct in order to deter companies from acting
in the same manner
in the future.
«The contempt, when it's criminal
in nature, is typically reserved for cases where there has been a failure for an effective civil enforcement, there has been particularly
egregious conduct, repeat offenders or sentences where there have been violence or damaged property,» he said.
In some cases, if an insurer's
conduct is
egregious or heavy handed, a Court could award punitive or aggravated damages against the insurer.
Unlike compensatory damages, punitive damages are imposed against a plaintiff to punish them for particularly
egregious conduct and to discourage others from engaging
in similar
conduct.
Despite formal exhortations like this, there's a growing feeling
in the legal community that Groia has been treated unfairly, and that careful review of what actually happened shows his
conduct was not
egregious.
There is reluctance on behalf of judges to wait for referrals to the law society, except
in cases of particularly
egregious conduct, he says.
Rather, they are a way to punish the defendant for intentional
conduct or gross negligence — behavior that is so
egregious that a civil court penalty is warranted
in order to deter the defendant from committing the same act again
in the future.
Punitive Damages — Punitive damages are available
in cases
in which the
conduct of the defendant is established to have been particularly
egregious.
If the party responsible for an individual's catastrophic injuries engaged
in especially
egregious conduct, such as drunk driving, violent assault, very dangerous business practices, concealing known dangers from the public, or other grossly negligent or misleading behavior, the court may even find that the responsible party owes punitive damages, which are meant to punish the wrongdoer and deter future bad
conduct.
Punitive damages exist to aid
in societal efforts to address, and hopefully deter,
egregious conduct that causes harm to others.
On our review of the record, the trial judge demonstrated admirable restraint
in the face of the appellant's
egregious conduct both before and during the trial.»
West Coast LEAF joined a coalition of women's organizations from across Canada to intervene
in the September 2016 inquiry into the
conduct of Justice Camp, who came under fire for asking a sexual assault complainant why she couldn't just keep her knees together and making numerous other
egregious comments during the trial.
The (Judicial Conduct) Commission
conducted its review and concluded the errors
in Count I were so
egregious that Judge Gormley could not claim the errors were made
in good faith.
The SJC held that punitive damages
in a discrimination case may be awarded only where the defendant's
conduct is outrageous or
egregious.
In determining whether the defendant's
conduct is outrageous or
egregious, a judge or jury should consider several factors, including but not limited to:
As such, the dissent is heartfelt and invokes value - laden terms such as the «exceptional assault on the public's sense of justice»
in the face of «
egregious state
conduct.»
Punitive damages are rarely awarded
in personal injury cases, but they may be awarded if the defendant's
conduct was particularly
egregious.
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 al
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 al
in calculating an alimony award, but
in the initial determination of whether alimony should be allowed at al
in the initial determination of whether alimony should be allowed at all.
In the event the members of the Citation Panel determine the conduct described in the complaint is sufficiently egregious to warrant a hearing rather than a citation, the complaint shall be referred to the Professional Standards Committee for hearing consistent with the policies and procedures set forth in the Code of Ethics and Arbitration Manual for ethics hearing
In the event the members of the Citation Panel determine the
conduct described
in the complaint is sufficiently egregious to warrant a hearing rather than a citation, the complaint shall be referred to the Professional Standards Committee for hearing consistent with the policies and procedures set forth in the Code of Ethics and Arbitration Manual for ethics hearing
in the complaint is sufficiently
egregious to warrant a hearing rather than a citation, the complaint shall be referred to the Professional Standards Committee for hearing consistent with the policies and procedures set forth
in the Code of Ethics and Arbitration Manual for ethics hearing
in the Code of Ethics and Arbitration Manual for ethics hearings.