Sentences with phrase «juries awarding punitive»

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.
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