Sentences with phrase «of large damages awards»

The number of large damages awards is rising, especially in cases of incest occurring over several 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 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.
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.
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