Sentences with phrase «of compensatory awards»

While the court clearly has jurisdiction to deal with issues arising out of a compensatory award, especially where there is provision made for leave to apply, it is difficult to reconcile such a limited and circumscribed power with the imposition on claimant victims of a mandatory requirement to undergo medical examination after a court has:

Although it is not specified as «contributory negligence» in the Employment Rights Act, section 123 (6) of that Act allows the Employment Tribunal to reduce the amount of the compensatory award for someone who has been unfairly dismissed if that person's actions caused or contributed to the dismissal.

Not exact matches

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.

When we issue payments or grants of equity to selling shareholders in connection with an acquisition, we evaluate whether the payments or awards are compensatory.

The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages.

The Minnesota Supreme Court has upheld an $ 820,000 compensatory - damages award won by the North St. Paul - Maplewood school district from the producer of an asbestos fireproofing spray used in a high school built in 1969.

The bankruptcy code allows you unlimited compensatory damages, but cap the amount of pain and suffering award you can protect from creditors.

Representative Trial Experience: • Rosa Construction, Inc. v. Capstone Builders, Inc. et al. v. Sterling Savings Bank, Montana Eighteenth Judicial District Court (2013): Five day jury trial resulting in the permanent discharge of Capstone's improper construction lien against Rosa's real property, affirming the priority of Sterling Savings Bank's mortgage on Rosa's real property, and awarding $ 1,425,000 in compensatory damages against Capstone for recording an improper lien on Rosa's real property and interfering with the Bank's mortgage interest.

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.

However it serves both as a reminder of the importance of following a fair procedure when dismissing an employee but also of the fact that the employment tribunal is free to reduce a compensatory award as it judges just and equitable in the event that the Claimant is considered to have contributed to a dismissal.

An award of compensatory damages for injured feelings was made of $ 10,500.

'' «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.

Compensatory spousal support can be awarded as a means of reimbursing a spouse for their contribution to their former spouse's education or career advancement.

In this one, FEHA plaintiff prevailed by winning a compensatory award of $ 92,500.

The jury awarded a total of $ 12,000 in compensatory damages and $ 1,500 in punitive damages.

The Orange County bed bug attorneys at the Law Offices of John Rapillo will fight to make sure that you are awarded both compensatory and non-economic damages.

The punitive award in this case was about 5.4 times the amount of compensatory damages and about 258 times the plaintiff's out - of - pocket expenses.

The maximum compensatory award for unfair dismissal increases to # 83,682 (from # 80,541) where the effective date of termination is on or after 6 April 2018.

Compensatory damages, which are also known as economic damages, are awarded to compensate you for the present and future financial costs you have because of an injury.

They were awarded compensatory damages for the costs of the property and refurbishment, in the total amount of $ 230,000.

In 2008, the Court took this concept even further, holding that an award of punitive damages higher than the compensatory damages award would make punitive damages too «unpredictable» for corporations.

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.

In addition to the award of punitive damages, she has also been awarded compensatory damages of # 9.8 million.

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

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

The purpose of a costs award is punitive and not compensatory; such an award is intended to have a deterrent effect and sanction conduct which negatively impacts the integrity of the tribunal's processes.

Successfully represented financial advisors in claims involving major Wall Street securities firms and obtained millions of dollars in compensatory and, in some cases, large punitive damage awards on behalf of the clients.

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

Coming to the compensation amount, however, it includes basic amount (in order to compensate the aggrieved employee for the loss of job security) and a compensatory award, which accounts for the financial loss suffered by the claimant due to the dismissal.

The problem is that judges at trial do not break down by percentage which part of a spousal support award was non-compensatory (means and needs based) or compensatory (assessing advantages and disadvantages the two spouses obtained or suffered during the relationship).

Justice Beach acknowledged that the plaintiff had already received damages from Yahoo, which provided some mitigation for damages under the Act, but awarded compensatory damages for vindication of the plaintiff's reputation, reparation of harm, and «consolation for the distress, upset and injury to the plaintiff's feelings occasioned by the publication.»

The advantage of the bad faith claim for the insured is that the court may award punitive or exemplary damages on top of the usual compensatory damages.

However, a trial judge has discreton to dny a plaintiff costs (fees included) where the judgment could have been rendered in a court of lesser jurisdiction, meaning the compensatory award is $ 25,000 or less.

In a medical malpractice case, compensatory damage awards may include, but are not limited to, costs associated with follow - up treatment necessitated by the injury suffered and loss of income, if the injury resulted in the victim being unable to work.

Instead, you will present clear evidence of your wage loss, and if you win your case, the jury will be able to award you that specific amount in compensatory damages.

The jury awarded Smith $ 700,000, and awarded his wife an additional $ 75,000 in compensatory damages for loss of consortium.

While a non-lawyer might think that handling a personal injury case just means getting reimbursed for medical expenses, a NY personal injury lawyer can use his or her expertise to recover two kinds of damages: compensatory, which compensates victims for expenses from lost wages, medical bills, and property damage, and punitive damages, which are awarded to victims in addition to compensatory damages.

In case involving First Union National Bank's violations of the Fair Credit Reporting Act, Sixth Circuit holds that 1 - to - 1 ratio of punitive to compensatory damages is maximum federal due process will allow: And because the compensatory damages total $ 400,000, the district court's original award of $ 2,628,600 in punitive damages must likewise be reduced to $ 400,000.

Given Compensatory Award Was Close to Unlimited Jurisdiction Limit, Fee Award Was No Abuse of Discretion.

Remember, that the plaintiff's contributory negligence can diminish the amount of the final compensatory award by the percentage of fault the defendant is assessed.

Damages had to be confined to a compensatory award (which could include an element of aggravation, if appropriate).

Memphis Light's motion for summary judgment was denied and a jury subsequently awarded Mosby - Mecheam $ 92,000 in compensatory damages for disability discrimination, but it denied her claims of pregnancy discrimination and retaliation.

The punitive damages award, when added to the compensatory award, must be rationally required to punish the defendant and meet the goals of retribution, deterrence and denunciation.

In Honda Justice Bastarache wrote at paragraph 69 that certain types of compensatory damages designed to reimburse the plaintiff (such as an award of moral damages) already carry an element of deterrence.

According to DOJ, in 2005, compensatory damages awarded to plaintiff winners were reduced in 15 percent of tort trials, with such awards being reduced by 40 percent on average.

This code can be referred to in tribunal proceedings and the tribunal has the power to award an increase of up to 25 % on any compensatory award where the employer has unreasonably failed to follow the ACAS Code.

If your dismissal was unfair because of a problem with the process the employer followed when it dismissed you, the Employment Tribunal may decide to reduce your compensatory award if it decides that you would have been dismissed anyway, even without the problem with the procedure.

He or she also discusses the different types of damages to be awarded to the plaintiff (compensatory and punitive).

Generally, courts look to the law of the state in which the settlement occurred in order to determine whether there could be compensatory or punitive damages awarded in a wrongful death case.

a compensatory award which is a calculation of the money you have lost as a result of the constructive dismissal.