Sentences with phrase «lower damages awards»

It shows much lower damages awards for the 1973 - 83 cases, but even the 2003 - 13 cases are affected.

On the other hand, plaintiffs who exaggerate their injuries or seek to manipulate the process by avoiding appointments and engaging in subjective reporting of their injuries will frequently be punished with lower damage awards.

Emison said these measures also would lower damage awards to benefit corporations at the expense of the innocent people they are responsible for injuring.

Not exact matches

If Hagens Berman's case finds that Apple and the publishers colluded to set ebook prices at such a high level for their greedy little Mr. Burns moment, damages could be awarded to the plaintiffs, plus an injunction could see ebook prices lowered.

The United States Court of Appeal has ruled against Silicon Knights» appeal of a lower court decision which awarded a total of $ 9.2 m in damages and legal fees to Epic Games.

In B.C., he noted, jury awards for non-pecuniary damages are much lower than from those of judges alone who are informed with all the anchoring bias of past judgments.

A jury awarded her and her husband $ 1.5 million in damages for pain and suffering, but lower courts reduced that amount to $ 500,000 due to limits in the medical malpractice law, which was passed after the case was decided in 2003.

although the CA commented that it was likely that individual awards of compensation would be relatively modest (so far they have been in the low thousands of pounds), there could be a growth of class actions in which a large number of individuals have suffered emotional distress or invasion of privacy, leading to larger overall damages awards;

The court explained that, while it is not always appropriate for a judge to override the jury, in instances where the damages award is shockingly low or high, the trial judge is in a position to adjust the total award amount.

However, if it is just more of an issue on principle, these cases can always be fought in small claims court where the award of damages would be a lot lower.

State Supreme Court Permits Trial Judge Ability to Adjust Verdict When Jury's Damages Award «Shockingly» Low, New Mexico Personal Injury Lawyer Blog, October 14, 2015.

In the 2003 - 2013 cases, the average aggravated damages award (again, only among cases in which aggravated damages were awarded) was lower — $ 30,560 — but that is effectively meaningless, given that there were only two awards in 1973 - 83.

Damages awards in new media cases (internet and email) appear slightly lower than average: the average total damages award for all cases in the 2003 - 2013 period was $ 61,662, whereas the average damages award for a new media case was $ Damages awards in new media cases (internet and email) appear slightly lower than average: the average total damages award for all cases in the 2003 - 2013 period was $ 61,662, whereas the average damages award for a new media case was $ damages award for all cases in the 2003 - 2013 period was $ 61,662, whereas the average damages award for a new media case was $ damages award for a new media case was $ 57,386.

The highest award of special damages was $ 31,836 and the lowest (non-zero) award was $ 101.

Interestingly, in a study of British Columbia cases, David Gooderham suggests that most defamation awards are still relatively low, but that there are a few cases in which there are large awards of damages.

The Court of Appeal commented that although the Tribunal was aware of other awards with lower damages, it decided that Dr. Kelly's circumstances were different.

It noted that a trial judge's discretion is not unlimited, that there was no authority for awarding damages under the CSPA to class plaintiffs who had suffered no injury, and that the lower courts ignored the clear distinction in the CSPA between the kinds of damages available in an individual action and the actual damages available in a class action.

First, there is the common - law remedy of remittitur available to the trial judge,» through which the judge can lower jury - awarded damages.

This personal injury claimant was awarded over $ 700,000 after ICBC failed to take her injuries seriously following six «minimal damage», also called by ICBC «low velocity», motor vehicle accidents.

The outcome of an appeal may be an affirmation or reversal of the lower court ruling, a damage award set aside or lowered, or even a re-trial with the lower court.

Other recent punitive damage awards in employment cases have been lower.

The lower court awarded Amy Fledderman's mother, Colleen, with $ 2 million in damages for suffering emotional distress from feeling helpless when Richard Glunk turned down Colleen's request to transfer her daughter to a hospital two and a half hours after the operation.The appeals court agreed to the award in damages but reversed one aspect of lower court's ruling, asking the Court of Common Pleas to calculate additional damages based on the delay by Glunk and the nurse.

If the issue on appeal relates to damages, the court of appeal can decrease, increase or affirm the damages awarded by the lower court.

Copyright law's allocation of statutory damages proved harsh in this case, with the jury deciding to award $ 9,250 per song, when it could have gone as low as $ 750.

Further, there has been a strong indication from the Supreme Court that mechanically applying existing principles to award injunctions in lieu of damages for infringements of property rights in the lower courts is a flawed approach, which is perhaps likely to widen the scope for damages to be awarded in lieu of an injunction and reduce the readiness of the courts to award injunctions.»

Or where liability is agreed, the only issue is damages and the award falls into the high - low range.

Included among Mr. Jacobs» other recent binding arbitration victories were a low dollar award involving a 22 - year old claimant with organic brain damage and cognitive impairment, a fractured skull and a fractured cervical spine with surgical fusion and fixation.

If you have a low degree injury and this is the persons only DUI and they are apologetic, then the punitive damages award may be no more than $ 10,000.00.

Being as kind as possible to the reasoning, the Court adopts a «Goldilocks» approach: the amount of punitive damages awarded by the trial judge ($ 1,000,000) was «too high», the amount awarded by the Court of Appeal ($ 250,000) was too low because it «fails to fully reflect the gravity of the conduct and the need to deter others», so $ 500,000 is perfect.

General damages can include physical pain and suffering, disfigurement or impairment, mental anguish, lowered quality of life due to various circumstances including loss of companionship, which is what occurs in wrongful death cases and is awarded to the remaining family members.

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.

This is an outrageous amount of money in the circumstances, and so Justice Conway used her judicial discretion, provided for in s. 38.1 (5), to lower the amount of the statutory damages award.

Although Rabinowitz relies on several libel cases in which the amount of the compensatory damages awarded was lower than that awarded here, other libel cases reveal compensatory damages awards in amounts higher than those awarded by this trial judge.

Concluding that the award against Ford was excessive, the court reduced the noneconomic damages award to $ 18 million and lowered the punitive damages award to $ 55 million.

In a case where compensatory damages to the plaintiff are relatively low, such a result might be viewed as constitutionally suspect because of the supposed «disparity» between the «actual or poten - tial harm suffered by the plaintiff and the punitive damages award.»

When a defendant's misconduct kills or injures a poor person — i.e., someone whose death or injury triggers smaller payouts in compensatory damages under conventional valuation models — such misconduct will yield a lower punitive damages award where there is a requirement that punitive damages be based on compensatory damages than if the defendant killed or injured a wealthy per - son.

Where a defendant makes a Part 36 offer and the claimant does not accept it: If the claimant succeeds at trial but is awarded damages that are lower than the amount offered by the defendant, the claimant will only be able to recover costs on the standard basis up to the last date on which he could have accepted the defendant's offer.

And the jury gave the usual verdict... [9]... While jury trials in civil cases seem to exist in Ontario solely to keep damages awards low in the interest of insurance companies, rather than to facilitate injured parties being judged by their peers, the fact is that the jury system is still the law of the land....

Look at the first sentence in para. 9 of the reasons: «While jury trials in civil cases seem to exist in Ontario solely to keep damages awards low in the interest of insurance companies, rather than to facilitate injured parties being judged by their peers, the fact is that the jury system is still the law of the land.»

To critics, non-econ caps are both ineffective (since they will not lower malpractice premiums or the cost of health insurance coverage) and unfair (since they reduce damage awards to the most severely injured, and disproportionately affect women, children, and the elderly).

KEY ACCOMPLISHMENTS • Restructured the supplies replenishing mechanism that resulted in 24 hour timely availability of all cleaning supplies and chemicals • Timely identified and fixed an electrical socket problem, saving the premises electrical appliances from further damage caused by low voltage • Earned the «Most Punctual Employee» award in 2014

However, if the infringement was innocent, the court may award damages as low as $ 200.

Even so, the appellate court found that the amount of the damages awarded by the lower court to the Buyers, equal to the cost of a totally new System, was excessive and amounted to a windfall which would make them «more than whole.»