Damages Explorer gives unprecedented insights
into damages awarded, and Parties Comparator highlights corporations» litigation volume, performance, and outcomes to help attorneys win Menlo Park, CA — January 26, 2017 — Continuing the expansion of its successful Legal Analytics Apps ™ offering, Lex Machina ™, a LexisNexis company, today announced two powerful new applications — Damages Explorer and Parties Comparator — that instantly deliver critical litigation information to help attorneys win more cases and close more business.
It would appear that such blatant discrimination is vanishing; in any event, the courts should not countenance such discrimination by incorporating
it into damages awards.
Not exact matches
A one - year sabbatical at NASA turned
into two years funded by the German Research Foundation (DFG), at the end of which awaits another accolade: Dr Moreno - Villanueva's idea for developing an automated diagnostic procedure for the detection of DNA
damage in space has been
awarded a $ 10,000 funding grant by NASA's Johnson Space Center.
You are not obligated to deposit all of your
awarded damages into an annuity.
Upon the successful clearing of one room, you are
awarded experience points based on your performance, which takes
into account
damage and time taken.
In Howard the Ontario Court of Appeal
awarded an employee whose employment was terminated 23 months
into a five - year term
damages reflecting the balance of the term on the basis that the contractual clause providing for early termination was unenforceable due to ambiguity.
On
awarding damages at trial, unless the
damages are very small and it is appropriate to order them to go to the litigation friend to be put
into a building society account (or similar) for the child, the trial judge will direct payment
into court with the placing of the
damages in the special investment account until further investment directions have been given.
After a one - half day open court hearing on
damages, Lincoln J has just
awarded the wife # 9,605
damages and interest and ordered the husband to pay the wife's costs... The court went
into chambers on ancillary relief for three days and judgment there is expected at the end of this month.
If they answer yes, perhaps Khadr will be able to turn the Court's clear finding of an ongoing s. 7 breach
into an
award of
damages.
The interpretation given to s 4 by the Court of Appeal does not prevent a defendant who wants to make a payment but wishes it to be taken
into account against any
damages which might be
awarded against him in future from doing so.
So when calculating the punitive
damages, the court must take
into account both the general and special
damages awarded.
[211] Taking all of this
into account, I conclude that an appropriate
award for non-pecuniary
damages is $ 100,000.
[131] After reviewing the foregoing cases and taking my findings of fact in this case
into account, I find that that an
award of $ 40,000 for non-pecuniary
damages is appropriate.
Because
awards are made «once and for all» at the time of trial, judges must «peer
into the future» and fix the
damages «as best they can».
ABC had been
awarded personal injury
damages of around # 1.5 million following proceedings which had called
into question his capacity to manage his own property and financial affairs.
Woman
awarded damages for injuries suffered when her husband drove vehicle
into a moose, The National Post
Your car accident lawyer from Craig Swapp & Associates will ensure that all of your
damages and expenses are correctly factored
into your financial
award:
[156] Taking
into account negative as well as positive contingencies, in my view an appropriate
damage award for loss of earning capacity would be $ 100,000, and I
award that amount.
A recent decision of the BC Supreme Court provides valuable insight
into the manner in which aggravated
damages will be
awarded to employees, and reinforces the significance of conducting thorough investigations before terminating an employee for cause.
Damages awarded in Texas wrongful death cases are generally split
into two broad categories based on different time periods: injuries to the deceased until their death and losses experienced by the deceased's next of kin.
It also found that punitive
damages have been
awarded when the employer alleges serious misconduct and dismisses an employee for cause without conducting a reasonably fair and unbiased investigation
into the allegations.
The employees must now prove that they fall
into the class that has been
awarded the
damages.
Taking
into account the Stapley v. Hejslet factors, I
award the plaintiff $ 80,000 under this head of
damages.
Or where liability is agreed, the only issue is
damages and the
award falls
into the high - low range.
If it was a past course of conduct (unlawful detention, intrusion
into privacy, unacceptable pollution), they may
award damages for human rights breaches.
[205] In these circumstances, I
award of $ 150,000 for non-pecuniary
damages, after taking
into account the extent of the risks outlined above that some of Mr. Chappell's conditions would have occurred regardless of the accident.
Before these amendments came
into effect, Ontario courts did not have the authority to
award human rights
damages to an employee.
Taking all this
into account, I find that an
award of $ 125,000 for non-pecuniary
damages is appropriate in this case.
[59] I do not accept the Third Party's invitation to incorporate an
award for loss under this head
into non-pecuniary
damages.
It fails to take
into account that it's not just the
damages award, but also settlement and / or repair costs and interest that will eat away at your coverage limits.
If
awarding damages for the coming -
into - existence of an unwanted parent / child relationship is offensive in terms of principle, is it not equally offensive to
award damages because the (innocent) child who is the subject of the parental relationship lacks genetic affinity with one of its parents?
In Basandra v. Sforza, trial counsel devised jury questions that did not oblige the jury to structure its
award in accordance with section 267.8 of the Insurance Act (i.e. by breaking down the
damages into categories for income loss, health care expenses (including attendant care), and housekeeping).
A Fresno Superior Court jury
awarded $ 68 million (including $ 12.39 million in punitive
damages) to the family of Silvino Perez, ruling that Dr. Pervaiz Chaudhry was responsible for putting Mr. Perez
into a coma as a result of his negligence during surgery.
When
awarding damages, the court will be willing to take
into account the additional tax liability the plaintiff will suffer as a result of taking all of the funds at once.
To fail to take
into account the adverse tax consequences occasioned by a change in the timing of their receipt would be to restrict a person from realizing the full benefit of the
damages awarded in a wrongful dismissal case.
(2) The court addressed shall take
into account whether and to what extent the
damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings.
Dispute as to whether previous
award of
damages for breach of a «keep open» clause in a commercial lease precluded the landlords from enforcing the repairing obligation and having the vacant premises put
into a condition whereby they could immediately be traded from.
Coverage of this verdict has everything: screaming headlines of an eye - popping verdict, sensationalization of the verdict throughout most of the articles, irresponsible placement (i.e. far down
into the articles and in one case the very last paragraph) of the fact that state law «caps»
damages regardless of what a jury
awards.
In any event, the fact that corporations do not have feelings is taken
into account in the status quo; corporate
damages awards are generally lower than those to individuals.
190 If aggravated
damages are to be
awarded, there must be a finding that the defendant was motivated by actual malice, which increased the injury to the plaintiff, either by spreading further afield the
damage to the reputation of the plaintiff, or by increasing the mental distress and humiliation of the plaintiff... 191 There are a number of factors that a jury may properly take
into account in assessing aggravated
damages.
In one interview segment, attorney Carl Douglas points out that the Nevada judge held the jury until late
into the evening to announce the verdict on the thirteenth anniversary of the murder acquittal and sentenced Simpson to 33 years, matching the $ 33 million in
damages awarded in the civil case.
The personal injury bar's argument against limiting noneconomic
damages — that a jury's
award of noneconomic
damages should not be reduced to an amount determined by legislators because a jury can determine on a case - by - case basis to what extent to compensate a plaintiff for harm suffered — fails to address the difference between noneconomic
damages and economic
damages, and fails to take
into account the intangibility of noneconomic
damages awards.
When I take those
into account, along with the other unrelated medical conditions that have impacted his enjoyment of life since the accident, I conclude that a fair
award for non-pecuniary
damages is $ 50,000.
[117] Unlike my colleague, I am strongly of the view that from the charge as a whole, the jury would reasonably have understood that they were to take [the manager]'s conduct
into account in assessing aggravated or mental distress
damages against [the employer], whether or not they
awarded damages against [the manager] for intentionally inflicting mental stress on [the employee].
Putting itself in the position of the jury and taking
into account the relevant authorities, the court
awarded # 6,000 in aggravated
damages.
Part of the rationale for the Competition Commissioner's proposals for
damages to be subject to a multiplier, is that the
award of pecuniary
damages is not sufficient deterrent for the wrongdoer, neither is it sufficient reward for claimants to entice them
into the litigation (or regulatory) process.
One small positive note is that a court will not be allowed to
award the statutory
damages described above for CASL violations if the person has entered
into an undertaking with the CRTC or been served with a notice of violation by the CRTC regarding the same conduct.
But where the court deems it just,
damages awarded in an action under this section may be taken
into account in assessing
damages in any other proceeding arising out of the failure of the organization to protect personal information in its custody or under its control.
No matter what the constitutional challenge, a punitive
damages cap «need only survive rational - basis review,» which it did in Pinnacle Hip «by injecting predictability
into exemplary
damages awards and preempting potentially unconstitutional
awards.»