The trend in the courts seems to be a rise in the number
of large damages awarded, especially in cases of ongoing abuse occurring over a period of years.
It was one
of the largest damage awards ever in the state, comparable, Daniel notes, to the award against O.J. Simpson in the California wrongful death lawsuit brought by the families of Nichole Brown Simpson and Ronald Goldman.
The number
of large damages awards is rising, especially in cases of incest occurring over several years.
The Maguire case was one
of the larger damage awards involving an agency issue in 2016.
Not exact matches
Wagner: Cohen Milstein has obviously attempted to construct the broadest possible group
of Intel employees as participants in the plaintiff class in order to ensure a
large damages award.
But a
large area in the middle where the cost
of preventing it is unlike to be recouped in any
damages awarded.
Canadian courts have so far enforced US judgments with
damage awards far
larger than the value
of the transaction — though none (so far as I know) with a really astronomical jury - chosen punitive element.
In the three P2P cases tried so far, «all three
of those juries demonstrated through the very
large damages awards they imposed that they view illegal downloading and «sharing» as wrong, and deserving
of harsh sanction.»
Damages awarded to people who suffer from these types
of losses are usually
large because it is expensive to cover the long - term course
of care and rehabilitation for these injury victims.
Higgins has the distinction
of having achieved the the state's
largest medical malpractice
award — a $ 40 million verdict for a baby brain
damaged at birth.
While the
award by the jury is significant, there have been
larger verdicts in medical malpractice cases in Massachusetts, including a 2005 case in which a jury
awarded nearly $ 40 million to the family
of a Dracut boy born with severe brain
damage after a traumatic delivery.
[44] In summary, the plaintiff has met the burden
of proof required, albeit not by a
large margin, but I am satisfied on balance that considering the potential
damages that could be
awarded for the plaintiff's claim and the complications raised by the minimal
damage and worker - worker defence, the plaintiff had sufficient reason to bring the action in the Supreme Court
of British Columbia.
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
large damages award granted here, and the powerful and sweeping nature
of the injunction, ensures that this new tort will certainly pop its head up in the future.
Unlike the court in Jones, Justice Stinson
awarded a
larger damages award here
of $ 50,000.
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.
As products have generally become more complex and sophisticated, and the number
of large damage amounts being
awarded by juries have grown, the courts have brought a heightened focus to light on these issues.
Madsen points out that there would have been a
large damages award and, perhaps more importantly, Packers Plus wasn't just pursuing the service companies — Harvest Oil is an exploration and production company and Packers was seeking disgorgement
of their profits for all
of the increased hydrocarbon recovery that Harvest had enjoyed as a result
of using the technology.
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.
If the initial complaint or other earlier filings had contained a claim for punitive
damages, or even an allegation that the defendants acted maliciously, willfully, recklessly, wantonly, fraudulently, or in bad faith, the Court would have likely allowed the punitive
damages issue to be heard by the jury, and the plaintiff may have received a
larger award at the conclusion
of the case.
While the amount
of wrongful death
damages was reduced by the appellate court, the
award is believed to be one
of the
largest in Louisiana for a victim
of asbestos - related lung cancer.
This series is designed to provide plaintiff attorneys with clear guidance on representing major automobile injury and death cases, and strategies for winning
large damage awards with the least expenditure
of effort.
The substantial success
of the plaintiff is clearly demonstrated by the
large amount
of damages awarded, the finding by the jury that the defendant acted maliciously and the total injunctive relief being granted.»
This is the highest
award for moral
damages in employment law in the country and one
of the
largest amounts for punitive
damages, says Galea's lawyer, Natalie MacDonald.
Despite the magnitude
of the $ 750,000.00
award, employers should note that as a
large company, Wal - Mart can be expected to face higher moral and punitive
damages than a smaller company would for the same behaviour.
This is because filing suit against the other driver individually limits you to the amount
of assets the other driver may have (which could be close to zero) and the other driver could conceivably file for bankruptcy if they are ordered to pay a
large damage award.
The
largest punitive
damage award in Ontario in the employment context is $ 450,000 in Pate Estate v. Galway - Cavendish and Harvey (Township), 1 a 2013 decision
of the Ontario Court
of Appeal.
This is not to say I think the jury should have
awarded anything above the minimum after finding liability, but it is to say the jury was free to
award that amount and even a more without review, especially given the vastly
larger number
of works for which
damages were not sought.»
The last example will often be cases where there has been a
large award of damaged for a personal injury or medical negligence.
The Human Rights Tribunal is ready and willing to
award increasingly
large damages awards - especially when the impugned conduct is carried out over a prolonged period
of time by a person in a position
of power and authority against a vulnerable individual; and
Otkritie, one
of Russia's
largest independent financial groups, was
awarded damages of over US$ 170 million on Monday 10th February 2014 with Mr Justice Eder ruling it was the victim
of «a cunning and well - orchestrated fraud», principally by its former employees.
That said, the
large damages award, Justice Stinson's specific discussion
of the harm that the plaintiff suffered, and the shocking nature
of the defendant's actions suggest that this decision will be a powerful precedent.
Indeed, the
largest award in British Columbia for a violation
of privacy under the Privacy Act, so far was only $ 35,000 for punitive
damages and $ 15,000 for general
damages: (Malcolm v. Fleming, [2000] Carswell BC 1316, (B.C.S.C.) a case where the defendant, the plaintiff's landlord, installed a video camera in the plaintiff's apartment and recorded her in various stages
of undress in her bathroom and bedroom).
The Pennsylvania Superior Court reversed the ruling
of the trial court and
awarded a judgment notwithstanding the verdict, vacating a
large verdict against Kim's client, a mutual insurance company, on the basis that the insurer's conduct in handling a fire
damage claim did not constitute bad faith as a matter
of law.
He has the distinction
of having achieved the the state's
largest medical malpractice
award — a $ 40 million verdict for a baby brain
damaged at birth.
Moreover, where the consequences
of failing to properly investigate allegations
of employee misconduct are becoming so
large, including the possibility
of damages being
awarded against employers, employers may no longer be able to afford not to retain a lawyer.
However, there is a
large discrepancy that already exists between the levels
of damages awarded for «bodily injury» and those
awarded for «name calling».
Nijjar recently ran a report using a legal research tool and, in the last 10 years, a summary table for Alberta compared to Ontario for severe brain
damage cases showed the
largest award reported in Alberta was $ 1.74 million for future care costs, which takes up 90 per cent
of all judgments.
Drawing on Whiten v. Pilot Insurance Co., 2002 SCC 18, if an
award of punitive
damages, together with the compensatory
damages awarded, «produces a total sum that is so «inordinately
large» that it exceeds what is «rationally» required to punish the defendant, it will be reduced or set aside on appeal».
Qualifying for a CAT classification can mean a
large difference in the quantum
of insurance
damages available and
awarded.
In stark contrast to the
large sum
awarded for the uncle's lost reputation, the judge held that if the nieces» claims had been accepted, he would have
awarded each
of them $ 35,000 in general
damages.
In an ongoing personal injury case, the plaintiff brought a motion to exclude drivers who pay premiums from the jury pool altogether, arguing that the possibility a
large damages award could cause a hike in their own rates places them in an inherent conflict
of interest.
More surprising was their
award of # 500,000
damages, the
largest sum ever
awarded in a libel case.
[62] Putting the test the other way around, «if the
award of punitive
damages when added to compensatory
damages, produces a total sum that is so «inordinately
large» that it exceeds what is «rationally» required to punish the defendant, it will be reduced or set aside on appeal,»: see Whiten, at para. 109.
While the size
of the
damages awarded is
large, there is money in trust — $ 14 million — and a silver mine in Mexico that experts have valued at about $ 100 million.
Limits the amount
of punitive
damages recoverable from
large employers (more than 25 employees on a full time permanent basis) to the greater
of three times the
award of compensatory
damages or $ 250,000.
If you want a fee for services system you will get
large awards to cover the costs
of taking care
of the
damaged persons for the rest
of their lives.
Limits the amount
of punitive
damages recoverable from all parties except
large employers to the lesser
of three times the
award of compensatory
damages or $ 100,000.
It also provides a precedent (i) for holding the director
of the corporate debtor personally liable for oppressive acts, and (ii) for claiming a
large punitive
damages award against an evasive judgment debtor.
Wealthy people are the most likely targets
of lawsuits and
large jury
awards because they probably have the means to cover the
damages.