Not exact matches
Actual results may vary materially from those expressed or implied by forward - looking statements based on a number
of factors, including, without limitation: (1) risks related to the consummation
of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval
of the Merger Agreement, (c) the parties may fail to secure the termination or expiration
of any waiting period applicable under the HSR Act, (d) other conditions to the consummation
of the Merger under the Merger Agreement may not be satisfied, (e) all or part
of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering
damages for any breach by Arby's; (2) the effects that any termination
of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee
of $ 74 million, or (c) the circumstances
of the termination, including the possible imposition
of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency
of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may
suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect
of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome
of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A
of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.
The debt collector may just be liable to you for statutory
damages of up to $ 1,000, plus any
actual damages suffered, plus attorney fees.
[T] hey can change their pattern
of energy production and usage in order to limit emissions
of greenhouse gases and hence the magnitude
of climate changes; they can wait for changes to occur and accept the losses,
damage and
suffering that arise; they can adapt to
actual and expected changes as much as possible; or they can seek as yet unproven «geoengineering» solutions to counteract some
of the climate changes that would otherwise occur.
So the plaintiffs in this case need to either (a) show
actual damages, or (b) convince the court under the applicable standard
of proof that they will
suffer damages and they are likely to prevail on the merits
of the case, and possibly secure a bond for the losses to the defendants in the meantime.
[19] More importantly, there was no evidence
of any kind that the Respondent
suffered any
actual damage as a result
of the termination.
Perhaps you have previously been in a car automobile accident and therefore are searching for a dligent Dekalb County personal injury lawyer who may let you to know your responsibilities together with legal rights, or perhaps you have
suffered with the wrongful death
of a loved one or maybe a serious injury that was caused because
of the negligence
of some other you might be searching for a good Dekalb County car accident lawyer that can fully handle your case and also enable you to recover the
actual damages that is deservingly owed, if this sounds like someone like you, and you are looking to find wrongful death attorneys and / or Dekalb County personal injury lawyers then take a look no more than our experienced attorneys here at Zeribe Law Offices.
[13] At para. 57 in Honda v. Keays, the Supreme Court
of Canada confirmed the general
damages allocated in wrongful dismissal actions are confined to the loss
suffered as a result
of the employer's failure to provide notice and that no
damages are available to the employee for the
actual loss
of his or her job and / or the pain and distress that may have been
suffered as a consequence
of having been terminated.
The defendant employer appealed the award
of aggravated
damages given by the deputy judge, arguing that she erred in law when she awarded aggravated
damages when there was no finding by the deputy judge that the employer had conducted itself in a manner that was unfair or in bad faith when it terminated Mr. Walker such as to justify an award
of aggravated
damages; and furthermore, there was no evidence, in any form, to show that the Respondent
suffered any
actual damages as a result
of his termination.
Although the Court clarified that
damages based on the manner
of dismissal are still compensable, in essence, the Court's decision will limit or restrict the punitive or «deterrant» effect
of such awards and focus on compensating employees for
actual losses
suffered.
In order to bring forth a successful claim, you must prove that the healthcare provider in question (against whom you are filing a lawsuit) owed you a duty
of care; that the duty
of care was breached; that the breach
of duty
of care caused you an injury that you would not have sustained otherwise; and that you
suffered actual damages as a result.
While we acknowledge that the possibility
of what might have happened can be extremely distressing and discomforting, you can only file a lawsuit in the event that you have
suffered actual damages.
At $ 80,000 per track, it represents a ratio
of 80,000 to 1
of punitive
damages to the
actual damages suffered, assuming each song could have been legally purchased for $ 1.00.
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.
The cruise line is not «liable to the passenger for
damages for emotional distress, mental
suffering / anguish or psychological injury
of any kind under any circumstances, except when such
damages were caused by the negligence
of Carnival and resulted from the same passenger sustaining
actual physical injury, or having been at risk
of actual physical injury.»
In determining the amount
of damages, the Court
of Appeal set a maximum amount
of $ 20,000.000 in
damages for cases where no
actual financial loss was
suffered, as was the case here.
In a successful wrongful death action, the estate can recover two types
of damages: (i)
actual pecuniary loss, and; (ii) pain and
suffering of the deceased.
With respect to fairness, while those commentators accept that the
actual costs
of the arbitration paid for by the funder are potentially recoverable (cf. Kardassopoulos & Fuchs vs. The Republic
of Georgia ICSID case no ARB / 05/18 and case no ARB / 07/15), they maintain that the uplift or success fee «is neither a party's cost, nor the
damage suffered by the funded party... [but is] a result
of a contract privy to the funder and the funded party» (Henriques).
Can a trial court award aggravated
damages to an employee who claims wrongful dismissal absent a finding
of actual mental distress being
suffered by that employee?
Punitive
damages are meant to punish a party for extreme wrongdoing and are not tied to
actual damages, which are typically for things like out
of pocket expenses, medical bills, and pain and
suffering.
(2) If an organization has been convicted
of an offence under this Act and the conviction has become final as a result
of there being no further right
of appeal, a person affected by the conduct that gave rise to the offence has a cause
of action against the organization convicted
of the offence for
damages for
actual harm that the person has
suffered as a result
of the conduct.
Insurance companies generally use a multiplier
of actual damages to determine how much to award for pain and
suffering.
Of course, punitive
damages are typically awarded with compensatory
damages for the
actual losses
suffered by the person who died, his or her estate, and his or her loved ones.
To prove another party's liability for negligence under Maine law, an injured victim must show that (1) the defendant owed the victim a duty
of care, (2) the defendant breached that duty, (3) the breach caused the victim's injuries, and (4) the victim
suffered actual damages as a result
of the defendant's breach.
The private right
of action would have allowed recipients
of CEMs sent in violation
of CASL to seek a court judgement for an amount equal to the
actual loss or
damage suffered or expenses incurred, alongside administrative penalties
of up to CAN 200 (approx.
The argument that «
actual and potential jury awards
of noneconomic
damages (such as pain and
suffering) are a key factor (perhaps the most important factor) behind the unavailability and un-affordability
of medical malpractice insurance in Florida» is unsupported.
57 (1) If the commissioner has made an order under this Act against an organization and the order has become final as a result
of there being no further right
of appeal, an individual affected by the order has a cause
of action against the organization for
damages for
actual harm that the individual has
suffered as a result
of the breach by the organization
of obligations under this Act.
To establish a private action claim under section 36
of the Act, a private plaintiff must show that a defendant contravened one
of the criminal provisions
of the Act (e.g., establish all
of the elements
of a criminal price - fixing conspiracy, criminal misleading advertising, etc.) or breached a Tribunal or court order under the Act and has
suffered actual damage or loss as a result
of the conduct.
It quoted Campbell's guidelines: «(1) the degree
of reprehensibility
of the defendant's misconduct; (2) the disparity between the
actual or potential harm
suffered by the plaintiff and the punitive
damages award; and (3) the difference between the punitive
damages awarded by the jury and the civil penalties authorized in comparable cases.»
Generally speaking, the Court is not going to award any
damages for accelerated depreciation unless there is direct evidence supporting an
actual loss
suffered by the owner
of the
damaged vehicle.
They are also experienced in obtaining compensation for general
damages that are usually difficult to determine such as pain and
suffering, and mental anguish, which is in addition to the
actual costs
of your medical bills.
(1) Recognition or enforcement
of a judgment may be refused if, and to the extent that, the judgment awards
damages, including exemplary or punitive
damages, that do not compensate a party for
actual loss or harm
suffered.
«In addition to
actual damages suffered for a breach
of CASL's anti-spam and anti-malware provisions, courts will be able to award applicants statutory
damages of $ 200 for each contravention
of CASL up to $ 1 million for each day on which a contravention occurred.
OTTAWA — It isn't just the
actual details
of the tragic episode — a child awarded
damages after he
suffered brain
damage when he was born — that propelled the case
of Eric Victor Cojocaru all the way to the Supreme Court
of Canada.
These
damages are compensatory
damages, designed to compensate the victim
of discrimination for the
actual harm s / he
suffered and no more.
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.»
The hospital ultimately moved for summary judgment, which the trial court granted, finding that: (1) the technologist did not act within the scope
of her duties, as is necessary for the hospital to be vicariously liable for the technologist's conduct; (2) the plaintiffs failed to adduce sufficient evidence to support a finding
of intentional infliction
of emotional distress; and (3) none
of the plaintiffs
suffered actual damages as a result
of the technologist's conduct.
The crucial question was when
actual damage sufficient to trigger the running
of time in tort had been
suffered by NIG.
By his decision in AXA Insurance Limited v Akther & Darby Solicitors & Ors [2009] EWHC 635 (Comm), [2009] All ER (D) 285 (Mar), Mr Justice Flaux has reduced some
of the uncertainties caused by Law Society v Sephton [2006] 2 AC 543 as to when
actual damage is
suffered in tort.
There was nothing in Sephton, when properly analysed, that led to the conclusion that the date upon which NIG
suffered actual damage as a consequence
of vetting breaches was suspended until a scheme claim had actually failed.
(ii) Where it was the defendant's duty to bring about a transaction having particular characteristics or features but due to his negligence, the claimant entered a different transaction lacking one or more
of those features,
actual damage may be
suffered on inception
of the transaction.
It demonstrates that merely because a claimant's loss consists
of a contingent liability that he would not have been exposed to had he been properly advised, does not mean that
actual damage can only be
suffered when the contingency occurs.
In particular Flaux J held that while the analysis
of cases into categories might be helpful in identifying a strand
of authority that was most relevant, there were «any number
of cases [that emphasised] that whether or not
actual damage has been
suffered is, in each case, a fact specific question, an approach which by definition militates against analysis
of the cases into... rigid categories».
The defendant solicitors, represented by Sue Carr QC, argued that NIG
suffered actual damage upon the inception
of the various ATE policies and that therefore all claims based upon policies incepted more than six years before Axa issued its claim were time - barred.
The judge made it clear that, while the question
of when
actual damage is
suffered is fact specific to each case, where a solicitor owes a duty to bring about a transaction with particular characteristics, if upon completion the transaction is fl awed because those characteristics are absent, the client
suffers actual damage on the date
of the transaction.
In relation to the alleged failures to carry on cases with proper care thus losing NIG the opportunity
of securing a successful outcome at trial or by favourable settlement, Flaux J held that
actual damage was
suffered when as a consequence
of a breach there was a material diminution in the prospects
of an accepted claim's success.
As to the conduct breaches, Flaux J held that the alleged failures in notifying NIG when the prospects
of scheme claims fell below 50 %, or its value fell below # 1,000, could be analysed in the same way as the vetting breaches and that
actual damage was
suffered at the point where there was a failure to notify.
Courts will be entitled to order violators to pay applicants an amount equal to the
actual loss or
damage suffered or expenses incurred by the applicant, plus additional statutory
damages up to a maximum
of:
If the applicant claims they have
suffered an
actual loss or
damage, or have incurred expenses, as a result
of the alleged contravention or reviewable conduct, the affidavit must also state the nature and amount
of the loss,
damage or expenses.
- Private parties must be able to claim
damages for losses
suffered as a result
of breach
of the EU competition rules (see Courage Ltd v Crehan: C - 453 / 99 [2001] ECR I - 6297, [2001] All ER (EC) 886), and this must include a right to claim both for
actual loss and loss
of profit (see Manfredi v Lloyd Adriatico Assicurazioni SpA, Cannito v Fondiaria Sai SpA, Tricarico and Murgolo v Assitalia SpA: C - 296 / 04 [2007] All ER (EC) 27).
In the event
of an accident, say a couch that
suffers water
damage in a flood, the value
of that couch to the insurance company, and hence the amount
of money paid back to the policy holder, can be determined as an ACV (
actual cash value) or as its replacement value.