Sentences with phrase «of actual damages»

As a result, punitive damages can not exceed the amount of actual damages awarded by a jury.

The limit on punitive damages in this situation is $ 500,000 or two times the amount of actual damages awarded.

Take pictures with your smartphone Having evidence of the actual damage done to both vehicles can help you get a better quote from your insurance company.

They must also decide the amount of actual damages suffered by the plaintiffs.

There is not a lot of actual damage that any game can do in (or to) any series.

Insurance companies often set limits on their settlements, offering victims of burn injury a set amount regardless of actual damages.

In fact, no settlement discussions should be made until after you have completely finished medical treatment an thus have full knowledge of your actual damages.

The limit on punitive damages in this situation is $ 100,000 or the amount of actual damages awarded.

When damages are presumed, the plaintiff can try a case to verdict without presenting any evidence of actual damages.

This means that the award of punitive damages can not exceed the amount of actual damages that the jury awards.

Also, in general, notwithstanding a historical concept of «negligence per se» that allows an award of damages without proof of actual harm to reputation causing economic harm for certain kinds of statements, U.S. Constitutional law now generally requires proof of actual damages in a suit for defamation against a media defendant.

As well, 46 per cent of respondents were unaware that an organization could be liable for statutory damages under CASL, which does not require proof of actual damages.

The trial court later certified a class of consumers who had signed similar contracts, and awarded each class member $ 200 despite the absence of any showing of actual damages — relief the Ohio Supreme Court characterized as being «based on a fiction.»

In this, a carefully structured, mandatory insurance can assign the costs of actual damage in such a way that the economic incentives for mitigation measures against flooding and heavy rainfall are not lost.

Medical payments to others is a coverage which makes a small payment to a guest in your apartment who is injured, no matter who is at fault, in order to settle the matter quickly and amicably and with no discussion of actual damages.

He contends that the copyright law's statutory damages provision is unconstitutional in that it authorizes damages that are grossly in excess of any actual damages to the copyright holder.

The court majority decided that punitive damages should be limited to the level of actual damages proved — a new legal standard for maritime cases involving tanker spills.

It's a remarkable number by any standard, but researchers estimate it may represent only a fraction of the actual damage, as many victims are too embarrassed to report their experiences or file complaints with law enforcement.

Further, if you register your work before the infringement takes place (or no later than three months after first publication and the infringement takes place after publication), you may choose to collect statutory damages instead of actual damages, and you may recover your attorney's fees.

«Violations of the ATR requirements can lead to affirmative claims against creditors and defensive claims against assignees for potentially significant monetary damages consisting of actual damages, $ 4,000 in statutory damages, a refund of finance charges paid at closing, and three years of interest actually paid and attorneys» fees.

While workers» comp is beneficial in many situations, it is only designed to pay a portion of your actual damages.

Calculation of the actual damages resulting from Excalibre's lost sales over the applicable 8.5 year period are to be determined in a separate reference.

Insurance companies generally use a multiplier of actual damages to determine how much to award for pain and suffering.

While the settlement offer will be nothing CLOSE to what you deserve, their goal is to have you sign away your right to further compensation before you fully grasp the true value of your actual damages and related losses.

They subsequently sued for the balance of their actual damages under the SEF44 endorsements in their respective policies.

Many consumer protection laws provide that a prevailing party is entitled to minimum statutory damages in lieu of actual damages if they are smaller, in addition to your reasonable attorneys» fees and litigation costs if you prevail.

The one - to - one ratio spelled out in the Exxon Mobil case, which for now is limited to maritime laws, eventually could narrow the court's broader holding that a single - digit ratio of actual damages to punitive damages is the constitutional limit.

Allowing lawyers to enter into Contingency Fee Agreements, where lawyers are only paid if a claim is successful, normally receiving a percentage of actual damages won (Chpt 12); and

As the children grow older, there are more signs of actual damage to development, especially if the alienating parent is successful.

Finally, the plaintiffs» remaining claims all required a showing of actual damages, which the Court of Appeals found the evidence in the record to not support.

In any such action, the owner may recover two hundred dollars or three times the amount of the actual damages sustained by him, whichever is greater, and may also recover costs of the action and reasonable attorney fees; but monetary damages and attorney fees shall not be recoverable from a good - faith purchaser or good - faith holder of the property.

Medical payments to others is a coverage which makes a small payment to a guest in your apartment who is injured, no matter who is at fault, in order to settle the matter quickly and amicably and with no discussion of actual damages.

Our firm routinely obtains punitive damages settlements involving tens of thousands of dollars in excess of the actual damages.

North Dakota law requires proof of actual damages to collect for tortious interference with a business relationship.

A person that is damaged by a credit services organization's violation of this chapter may: (1) bring an action to recover the greater of two (2) times the amount of actual damages or one thousand dollars ($ 1,000) and attorney's fees; and (2) bring an action against the bond or irrevocable letter of credit required under section 8 of this chapter to recover an amount equal to the person's actual damages.

Otherwise, only an award of actual damages and profits is available to the copyright owner.»

(II) A person who willfully or wantonly causes harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.

(III) The legal owner of an animal that is willfully or wantonly allowed to cause harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages.

The suit seeks an award of actual damages, punitive damages, court costs, and attorney fees, as well as injunctive and declaratory relief.

After a favorable New Jersey Supreme Court ruling, class members were directly paid just over 100 % of their actual damages.

The Court noted the controversy surrounding the language in c. 93A, § 9 (3), that «if the court finds for the petitioner, recovery shall be in the amount of actual damages or twenty - five dollars, whichever is greater.»

Ever since the Supreme Court decided Clapper if not before, standing could be satisfied by a showing of actual damages or the «imminent threat» of actual damage.