Sentences with phrase «increased punitive damage award»

The law is now clear that a former employee can base a claim for an increased punitive damage award on their employer's systemic bad faith policies or practices in the manner in which it treats its employees.

A claim for an increased punitive damage award based on systemic wrongdoing may strike some lawyers as dubious on the basis that a plaintiff should not be able to claim damages for the harm done to others.

The availability of an increased punitive damage award in a wrongful dismissal action because of a bad faith employer policy was recognized in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional Court considered an appeal of an order striking paragraphs in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.

On appeal14 the Ontario Court of Appeal increased the punitive damage award to $ 50,000.

Permits a court to increase a punitive damages award to three times an award for compensatory damages if misbehavior continues during trial.

Not exact matches

Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys» fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.

It increased the amount of aggravated damages awarded while somewhat decreasing the original amount of common law notice, and increased the amount of punitive damages.

Thus, the increase in total damages awards can not be attributed to an increase in punitive damages.

The Court also raised the bar as to the amount of punitive damages to be awarded in such cases, and signalled significantly increased exposure for employers found to engage in such misconduct.

It may also be grounds to seek punitive damages, which could greatly increase the damage award for plaintiffs.

They think that many punitive damages are being awarded, which in turn lead to increased insurance rates.

In a drunk driving case, victims can pursue punitive damages — a money award intended to punish the wrongdoer that can significantly increase the total compensation to the victim.

The concern, perhaps, is that jurors» knowledge that the lion's share of punitive damages will go to the state will cause the size of those awards to increase in, for example, «bad faith» suits against insurers.

Requires a judge to review all punitive damages awards and to issue an opinion on his decision to increase or decrease an award, or to let it stand.

Disputes and Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the province of Alberta any and all claims, judgments and awards shall be limited to actual out - of - pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys» fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out - of - pocket expenses, and any and all rights to have damages multiplied or otherwise increased.