Sentences with phrase «ordered damages awarded»

This is accomplished through the use of an «undertaking as to damages»: the person requesting the CPL must abide by any court - ordered damage award in the event that the registration of the CPL against the property unjustly caused damages to the party who owns the land, or to certain other persons.

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.

She went on to award damages of about $ 100 per member of the bargaining unit — and ordered that «a full copy of this decision [be posted] throughout all workplaces of the employer to which the collective agreement applies, in conspicuous locations, where it is most likely to come to the attention of the employees in the bargaining unit, for a period of no less than 60 days.»

A Finra arbitration panel has awarded former UBS broker Wilson Dennis Colberg - Trigo $ 1.236 million in compensatory damages in a dispute involving his termination from the firm, but also ordered the broker to pay the firm $ 854,157 to settle the...

The court was asked to order Campus Crusade to turn over any revenue earned by the children's video, to award damages and, finally, to restore all film rights to the Genesis Project.

Justice Gabriel Kolawole of Federal High Court, Abuja, had on the 9th November 2017, ordered that the office be unsealed, while awarding N12.5 m damages against the Police.

A damage award can be agreed upon after a negotiated settlement — among the parties, their insurance companies, and their attorneys, for example — or may be ordered by a judge or jury following a court trial.

In awarding $ 3,740 in damages the court found that the IRS had intentionally and willfully ignored the discharge order and that an ostensible defense of «good faith» would not stand.

He said he was also «uncomfortable» with the idea that an award of costs should be treated as an order for compensation, as if it were a claim for damages.

Punitive damages are normally awarded in order to punish especially egregious behavior or to discourage similar behavior in the future.

'' «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.

In order to justify the double amount of the award for non-economic damages, the court must have clear and convincing evidence.

Although direct patent infringement is a strict liability claim, patent owners frequently seek to establish that the infringement was «willful» in order to qualify for enhanced damage awards.

14 In its 1949 decision in Van Lom v. Schneiderman, 187 Ore. 89, 210 P. 2d 461, the Supreme Court of Oregon merely held that it lacked authority to order a new trial even though an award of damages was excessive under state law.

The court also ordered a new trial on the issue of non-economic damages, should the woman's estate refuse to accept the reduced award.

These collateral benefits raise the question of whether that amount should be deducted from the damages awarded, in order that the plaintiff not recover more than the loss actually suffered.

In previous articles, we have written about how Canadian Human Rights legislation confers broad powers on adjudicators to make damage awards for wage and other financial loss, for damage to dignity, feelings or self - respect, and for exemplary damages to drive home the heinous nature of impugned conduct; to order employers to institute educational programs; or to do other pro-active things to secure compliance with the Code.

In the arbitral award, the tribunal had found the appellant in breach of EU competition law and ordered it to pay damages.

Summary: The respondent, a Russian energy company, challenged a 2013 arbitral award that ordered it to pay damages to a U.S. oil company for breaches of a cooperation agreement relating to the...

Punitive damages are awarded against parties in order to deter certain conduct that courts finds egregious or outrageous.

Of importance, Justice Dixon noted at paragraph 335 of the decision in order to show the public that the plaintiff had been vindicated, a considerable award of damages was necessary for the circumstances:

There was little evidence of any significant damages awards until December 2016, when, according to White and Williams LLP, the Beijing IP Court ordered defendant Hengbao Co., Ltd. to pay $ 7.1 million in damages for infringing a single data encryption patent owned by Watchdata System Co. Ltd..

In order to determine whether the large increase in damages awards is evident within the studied periods, or whether it occurred largely in between 1983 and 2003, I determined the annual average defamation award.

On awarding damages at trial, unless the damages are very small and it is appropriate to order them to go to the litigation friend to be put into a building society account (or similar) for the child, the trial judge will direct payment into court with the placing of the damages in the special investment account until further investment directions have been given.

How much medical evidence must a party seeking damages for mental stress caused by the manner of his or her dismissal from employment, i.e. moral damages or «Wallace» damages, lead at trial in order to receive an award of the same?

In addition, Archibald ordered them to pay IMAX $ 456,000 for disgorgement of profits and awarded $ 50,000 in punitive damages against Tsui.

After a one - half day open court hearing on damages, Lincoln J has just awarded the wife # 9,605 damages and interest and ordered the husband to pay the wife's costs... The court went into chambers on ancillary relief for three days and judgment there is expected at the end of this month.

By contrast, the second sentence, which applies only where the order has been carried out improperly, commits the applicant to comply with any order for damages the court may make, including, possibly, an award of exemplary damages.

Despite the fact that there was no evidence that any business was disrupted by the orders, the judge was prepared to apply «common sense» to «fill the gap» and awarded damages to two of the respondents.

Lilly did not owe Apotex an equitable duty, nor is this case akin to the «exceptional» breach of contract cases where courts award restitution damages to a plaintiff in order to prevent a defendant from exploiting a bilateral agreement to its advantage.

However, he refused to award damages for emotional distress caused by the orders.

In order for a jury to award punitive damages against a defendant, the plaintiff must properly allege such damages throughout the case.

Kwinter helped secure the largest jury award in the province's history for punitive damages against an insurer in the 2006 case Pereira v. Hamilton Township Farmers» Mutual Fire Insurance Co., with his clients ordered to receive $ 2.5 million.

This is in direct contrast to the US procedure, where parties falling within the same class do not have to participate in the litigation in order to be entitled to share the damages awarded, ie there is an automatic opt - in, though claimants can of course opt out of the proceedings.

This compensation is awarded to the victim in order to help him or her with all the damages caused by the injury, potentially including medical care, future medical expenses, property damage and even emotional or psychological trauma.

The Judge therefore rejected the Council's submission that the appropriate remedy was simply to set aside the contract award decision, and to refrain from ordering the Council to award the contract to Woods and / or pay substantial damages (§ § 15 - 16).

The client saw his damages award reduced by half (and that means by $ 5 million) and was sanctioned $ 180,000, the attorney was ordered to pay sanctions of $ 542,000, and in the attorney's disciplinary proceedings he agreed to a five - year suspension.

In the event, the Court of Appeal awarded damages refused below but declined to order restoration of the jacuzzi, awarding # 2,500 for future loss of use, and # 500 for delayed supply of gym equipment (which was eventually installed).

It also ordered that the family be reimbursed for the tuition costs of Jeffrey's private school while awarding damages.

To the degree profit disgorgement were to be ordered without a corresponding loss, the award would arguably conflict with Canada's rules limiting punitive damages [see Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595, 2002 SCC 18].

The decision also restored the orders to reimburse the Moore family for the cost of private schooling and award them damages.

For example, an order of discharge does not release a bankrupt person from any debt arising from an award of damages by a court in civil proceedings stemming from «bodily harm intentionally inflicted, or sexual assault»:

ICBC's counterclaim was allowed and damages were awarded to ICBC against the drunk driver in the amount of $ 212,000 together with interest pursuant to the Court Order Interest Act.

Damages are awarded either by mutual agreement, by the jury, or the court in order to allow victims to return to the position they would have been in had they not been injured in the first place.

Juries have also shown a willingness to order employers to pay substantial punitive damage awards.

This means that if a jury awards $ 100,000 to a plaintiff for economic damages, it can not order more than $ 100,000 in punitive damages.

The availability of an increased punitive damage award in a wrongful dismissal action because of a bad faith employer policy was recognized in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional Court considered an appeal of an order striking paragraphs in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.

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.

While the Tribunal said that it did not have the power to order that Danielle be fired (particularly because it might affect the golf resort, which was not named in the action), the Tribunal did indicate that it was not averse to the idea of awarding damages against an employee for conduct like that of Danielle's.

For example, if the court finds that the plaintiff suffered $ 100,000 in damages but was fifty percent at fault, then the court would order the defendant to pay the plaintiff damages based on half of the total damage award, or $ 50,000.