Sentences with phrase «not outrageous conduct»

Third, though the Court already ruled against PETA on the issue once, the PETA employees once again argue that stealing and killing a dog is not outrageous conduct and should not give rise to punitive damages.

Second, the PETA employees once again argued that stealing and killing a dog is not outrageous conduct and should not give rise to punitive damages.

Not exact matches

In a letter to the network's lawyers obtained by New York, the attorneys state: «Not once did Ms. Efinger step in or attempt to interfere with Ms. Slater's outrageous conduct.»

It is extremely necessary to point out that the crazies that made this outrageous comparison and those that spit on 8 - year - old girls are not ultra-orthodox Jews, but lunatics that do not understand what it means to be a Jew adherent to the Torah laws pertaining observance and social conduct.

Finally, you know that PETA has filed various motions to have the case dismissed by arguing that the dog was worthless, she had no value beyond the cost of replacement for another dog, they had permission by the property owner to remove community cats so they can not be guilty of trespass for entering and killing a dog, the family is not entitled to punitive damages because PETA's theft and immediate killing of a happy, healthy, beloved dog is not «outrageous» conduct, and in an argument with racist overtones, that the family may not be in the country legally so PETA should be allowed to get away with the theft and murder of their dog.

Lawsuit update: PETA tells the Court that Maya was worthless and therefore they can't be financially liable to the family, that, at best, the dog had no value beyond the cost of replacement for another dog, they had permission by the property owner to remove community cats so they can not be guilty of trespass for entering and killing a dog, and the family is not entitled to punitive damages because PETA's theft and immediate killing of a happy, healthy, beloved dog is not «outrageous» conduct.

Finally, the Court overruled PETA's argument that stealing and killing a dog is not «outrageous conduct» required for awarding of punitive damages.

PETA, in turn, asked the court to throw out the lawsuit by arguing that the dog was unlicensed so was not worth anything, the dog had no value beyond the cost of replacement for another dog, they had permission by the property owner to remove community cats so they can not be guilty of trespass for entering and killing a dog, and the family is not entitled to punitive damages because PETA's theft and immediate killing of a happy, healthy, beloved dog is not «outrageous» conduct.

«Even assuming the truth of all that, «callous, meddlesome, mean - spirited, officious, overbearing, and vindictive» as it would be — it is not enough to meet the outrageous conduct standard required for intentional infliction of emotional distress.

In Stiles v. Workers Compensation Board of British Columbia (1989), 38 B.C.L.R. (2d) 307 (C.A.) Justice Lambert stated that full indemnity for legal fees should not be awarded unless there is some form of reprehensible, scandalous or outrageous conduct in the circumstances giving rise to the cause of action, or in the proceedings themselves that warrants chastisement.

I am not a lawyer but in this instance I find the conduct of the police to be outrageous.

Finding that the officer's conduct was not extreme or outrageous, the circuit court granted the defendant's motion and dismissed the plaintiff's case.

20, 17 P. 3d 558 (2001)(conduct of having affair not sufficiently outrageous); Spiess v. Johnson, 89 Or.

1987)(where Kunau's wife had affair with her dentist, dentist's conduct was not outrageous to husband); Browning v. Browning, 584 S.W. 2d 406 (Ky..

Per a Connecticut appeals court, looking at an employee and saying «Bang bang» does not, even when added to some other impolite conduct, rise to the level of «extreme and outrageous» behavior required to trigger a claim of intentional infliction of emotional distress [Daniel Schwartz]

If counsel wishes to allege intentional infliction of emotional distress against the wife's lover, counsel must be careful to allege all the necessary elements of the tort, and not rely on the mere fact of adultery as the outrageous conduct.

1987)(average member of community would not consider affair with wife outrageous conduct to husband); Kunau v. Pillers, Pillers & Pillers, 404 N.W. 2d 573 (Iowa Ct..

The corporation's conduct was not outrageous as it was merely enforcing the provisions of the condominium documents and the Act, as it was required to do by the Act.

Prospectively, exemplary damages may be available if D has shown deliberate and reckless disregard of an outrageous nature of the claimant's rights, the conduct was punishable, and other remedies would not be adequate for punishment (Crime and Courts Act 2013, s 34 — not yet in force).

In determining whether the defendant's conduct is outrageous or egregious, a judge or jury should consider several factors, including but not limited to:

As the cort has said even if a defendant's conduct can not be otherwise justified it is does not necessarily rise to the level of «beyond all possible bounds of decency» that would cause an average member of the community to believe it was «outrageous.