Not exact matches
The
jury isn't finished; they will return to court Monday to
award punitive damages beyond Friday's sum.
A Florida
jury assessed Gawker Media millions more in
punitive damages on Monday for having invaded the privacy of the retired wrestler Hulk Hogan, adding to the $ 115 million it
awarded in compensatory damages last week.
Last year, at Weitz & Luxenberg's behest, Heitler reversed a 20 - year ruling that prohibited
punitive damages in asbestos cases — allowing for bigger
jury awards.
Last year, at Weitz & Luxenberg's request, Heitler reversed a 20 - year rule barring
punitive damages in asbestos cases, paving the way for much bigger
jury awards.
According to the Times, one of the men who accused Bernard Spitzer of firing them because of the color of their skin was Anthony Haydenn, who was
awarded $ 200,000 by a
jury in 2008 — $ 100,000 in lost wages, $ 25,000 for emotional distress and $ 75,000 in
punitive damages.
In the case of the tobacco industry, the courts did much of the heavy lifting, giving cancer victims standing to sue and allowing
juries to
award billions of dollars in
punitive damages.
However, the court last month overturned $ 4.2 million in
punitive damages
awarded in 1990 by a state court
jury in Independent School District No. 622 v. Keene Corporation.
Canadian courts have so far enforced US judgments with damage
awards far larger than the value of the transaction — though none (so far as I know) with a really astronomical
jury - chosen
punitive element.
An amendment to the Oregon Constitution prohibits judicial review of the amount of
punitive damages
awarded by a
jury «unless the court can affirmatively say there is no evidence to support the verdict.»
After finding petitioner Honda Motor Co., Ltd., liable for injuries respondent Oberg received while driving a three - wheeled all - terrain vehicle manufactured and sold by Honda, an Oregon
jury awarded Oberg $ 5 million in
punitive damages, over five times the amount of his compensatory damages
award.
This means that the
award of
punitive damages can not exceed the amount of actual damages that the
jury awards.
'' «In addition to actual or compensatory damages, the law permits the
jury, under certain circumstances, to make an
award of
punitive damages, in order to punish the wrongdoer for his misconduct, to serve as an example or warning to others not to engage in such conduct and to provide additional compensation for the conduct to which the injured parties have been subjected.
The
jury also
awarded $ 1.45 million in aggravated and
punitive damages:
11 Oregon
juries, reported decisions indicate, rarely
award punitive damages.
In affirming, both the State Court of Appeals and the State Supreme Court rejected Honda's argument that the
punitive damages
award violated due process because it was excessive and because Oregon courts have no power to correct excessive verdicts under a 1910 amendment to the State Constitution, which prohibits judicial review of the amount of
punitive damages
awarded by a
jury «unless the court can affirmatively say there is no evidence to support the verdict.»
For example, if the
jury awards $ 500,000 for economic damages, the most it can
award for
punitive damages is $ 500,000.
The Court of Appeal upheld all aspects of the
jury's
award except for the amount of
punitive damages.
The
jury awarded a total of $ 12,000 in compensatory damages and $ 1,500 in
punitive damages.
• Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, Montana Fifth Judicial District Court (2010): $ 600,000
jury verdict and additional
award of
punitive damages for breach of contract, deceit, abuse of process and other claims.
In addition,
punitive damage
awards may be set aside because of flaws in
jury instructions.
Plaintiffs
awarded punitive damages by a
jury against their insurers should expect to face an appeal, Toronto personal injury lawyer Gary Will tells AdvocateDaily.com.
With an
award of $ 5 million in
punitive damages, the
jury evidently sought to punish the owner of the...
Punitive damages are a tool that, although intended to be used as a deterrent, can result in sizeable
awards depending on an individual judge's /
jury's understanding of the facts.
For example, Will says he can envision higher
punitive damages being reasonably
awarded by a
jury if the insurer was a repeat offender or if the case represented a pattern of corporate misconduct.
Yesterday's news was sure to take away the breath of lawyers on both sides, as a New Jersey
jury awarded $ 20 million in compensatory and $ 27.5 million in
punitive damages to Frederick Humeston.
Jury Trial for compensatory and
punitive damages, ICBC v. Jamer and Hassan, BC Supreme Court, 2008 unreported —
awards of $ 113,359 and $ 81,370, respectively
According to the
jury,
punitive damages were
awarded because the big rig driver was provided with inadequate training and the transport company that operated the truck had a history of safety violations.
Alabama
juries alone have twice
awarded punitive damages of $ 100 million in product liability cases in recent years.
Jury Trial for compensatory and
punitive damages, ICBC v. Finley and Finley, BC Supreme Court, 2003 unreported —
awards in excess of $ 2.5 million dollars against each defendant
Our lawyers have obtained some of the highest
jury awards for
punitive damages ever
awarded for fraud claims in Canada.
In cases where the company is guilty of extreme wrongdoing,
juries or insurance companies may also
award the victim
punitive damages, which can be substantial.
Jury Trial for compensatory and
punitive damages, ICBC v. Sun and others, BC Supreme Court, 2003 unreported —
awards in excess of $ 640,000 against numerous defendants
The
jury awarded his family $ 2.7 million in non-economic damages, $ 900,000 in economic damages and $ 15 million in
punitive damages.
In certain circumstances, conduct is deemed to be so severe, so reckless, and so damaging that
juries and judges are permitted to
award punitive damages to plaintiffs in Illinois truck accident cases.
If a car accident lawyer can show that the cause of the accident was a speeding driver, not only will they be able to prove the driver's negligence and assign them fault, but they might be able to ask the
jury to
award punitive damages, because speeding is understood and accepted as behavior that should not occur behind the wheel.
In order for a
jury to
award punitive damages against a defendant, the plaintiff must properly allege such damages throughout the case.
If the initial complaint or other earlier filings had contained a claim for
punitive damages, or even an allegation that the defendants acted maliciously, willfully, recklessly, wantonly, fraudulently, or in bad faith, the Court would have likely allowed the
punitive damages issue to be heard by the
jury, and the plaintiff may have received a larger
award at the conclusion of the case.
Kwinter helped secure the largest
jury award in the province's history for
punitive damages against an insurer in the 2006 case Pereira v. Hamilton Township Farmers» Mutual Fire Insurance Co., with his clients ordered to receive $ 2.5 million.
The
jury was convinced to
award punitive damages on top of other damages.
If the court were to allow the issue of
punitive damages to go forward to the
jury, the
jury would receive specific
jury instructions regarding the elements necessary to
award punitive damages.
On Friday, a Jackson County Circuit Court
jury awarded $ 20 million in
punitive damages in a case that alleged retaliation, age and sex discrimination against an American Family Insurance sales manager.
It is extremely rare for a
jury to be allowed to consider
awarding punitive damages.
If a case does, in fact, qualify for
punitive damages, the
jury will
award punitive damages in accordance with the
jury instructions.
Extreme
punitive damages
awards are typically the product of a particular
jury deciding to bring the hammer down on a particular tortfeasor it does not like (for good or bad reasons).
Juries have also shown a willingness to order employers to pay substantial
punitive damage
awards.
The final portion of this opinion that a three - judge panel of the U.S. Court of Appeals for the First Circuit issued today contains an interesting discussion of the potential for overlap between a
jury's
award of damages for emotional distress and what a
jury might have
awarded had it been advised (as it should have been but was not at the original trial) that an
award of
punitive damages in favor of the plaintiff was appropriate.
This means that if a
jury awards $ 100,000 to a plaintiff for economic damages, it can not order more than $ 100,000 in
punitive damages.
Few personal injury cases result in
punitive damage
awards, and there may need to be a compensatory
award before the court or
jury can consider a
punitive damage
award.
However, when the collision was caused by a drunk driver,
juries take this very seriously and regularly return significant
punitive damages
awards.
Suffice to say, the
jury was not happy with Exxon,
awarding $ 12 million in compensatory damages, $ 12.5 million in
punitive damages and nearly a half a million in medical damages.