Sentences with phrase «punitive damage awards»

Courts may view the failure to make this effort an act of negligence, exposing them to fines and potentially punitive damage awards.

Requires 50 % of all punitive damage awards over $ 20,000 to be paid to the state fund.

In doing so, it cited cases from Missouri and Oregon in which plaintiffs had purchased used vehicles that had a past and in which significant punitive damage awards had been affirmed.

Insurers are vocally opposed, even though they are prohibited outright under California law from covering punitive damage awards against their insureds.

So, if the Legislature is fired up to extend the state's claim on punitive damage awards, the idea must have been a good one, right?

An organization representing the plaintiffs» bar hailed the governor and lawmakers for having «publicly recognized and embraced the valuable function punitive damage awards play in punishing and deterring malicious or despicable corporate conduct,» but called for a balance between the interest of consumers and the state.

Punitive damage awards are not compensatory.

1057 (prohibiting factfinders from imposing punitive damage awards based on the amount of harm caused by the defendant to nonparties to the litigation).

Under Texas statute, caps apply to medical malpractice awards and to certain types of punitive damage awards.

The General Duty of Honesty in Contractual Performance and Punitive Damage Awards in Anglo - Canadian Contract Law»

Provides the following punitive damage reforms a) raises the standard of conduct for punitive damages from the current «willful indifference» to a standard of «deliberate disregard»; b) establishes the party's right to insist on a bifurcated trial when a claim includes punitive damages; a separate proceeding is held to consider financial condition of the defendant and other evidence relevant only to punitive damages; c) provides trial and appellate judges the power to review all punitive damage awards.

Requires 75 % of punitive damage awards to be paid to the state fund.

Under Texas law, punitive damage awards may be issued in cases involving gross negligence by a defendant.

The type of employer conduct that has repeatedly attracted punitive damage awards in employment law cases often includes one or more of the following types of misconduct:

Although still far below the multi-million dollar awards occasionally awarded by courts in the United States, there have been several employment law cases in recent years that have awarded the dismissed employees six - figure punitive damage awards in addition to wrongful dismissal damages.

In contrast, Ontario juries have shown themselves willing to order payment of six - figure punitive damage awards when responding to employers who have acted horribly (but whose conduct still falls short of Pratas» behaviour).

In Idaho, punitive damage awards are limited to three times the compensatory damages or $ 250,000.

In so doing, the case provides a valuable primer on punitive damage awards; one worthy of every personal injury practitioner's reading.

'» In a first - impression ruling, the court rejected the trial court's comparison of Coalson's and Stemke's punitive damage awards.

Co. v. Campbell, 538 U.S. 408, 418 (2003), to recognize a tripartite federal standard for review of punitive damage awards.

Fortunately, the CADA amendments will provide caps on compensatory and punitive damage awards (also similar to Title VII, and incorporating the limits of Title VII for employers with 15 or more employees):

Though manufacturers are generally strictly liable for the actual damages caused by their products, punitive damage awards typically require a higher showing of reprehensible conduct.

These cases involve egregious acts of negligence and misconduct; therefore, our attorneys can also push for maximum compensation by obtaining punitive damage awards.

Few personal injury cases result in punitive damage awards, and there may need to be a compensatory award before the court or jury can consider a punitive damage award.

Punitive damage awards in other wrongful dismissal cases have been far more modest even in the face of serious misconduct such as slander of the employee.

Other recent punitive damage awards in employment cases have been lower.

It's also worth noting that Texas law may have limits on the amount of recovery you may be entitled to in a personal injury claim depending on several factors, including limits established by the Texas Tort Claims Act for actions against governmental entities, punitive damage awards and general damages awards on Medical Malpractice claims, just to name a few.

In Honda Canada Inc. v Keays4, an employment law decision, the Supreme Court of Canada reviewed the availability of punitive damage awards and reiterated, at para. 63, that punitive damage should only be awarded in «rare circumstances» and are restricted to «advertent wrongful acts that are so malicious and outrageous that they are deserving of punishment on their own.»

The Saskatchewan Court of Appeal In Branco v. American Home Assurance Company et al. has provided greater detail and clarity in relation to punitive damage awards as well as awards for mental distress, previously referred to as aggravated damages, in long term disability claims.

In 2002, in the Harvard Journal of Law & Public Policy, Judge Bork decried the harm that frivolous claims and excessive punitive damage awards brought to our justice system.

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

Only lawyer in Canada who has won, on three separate occasions, punitive damage awards against insurance companies for the manner in which the insurers treated their policy holders

The decision in Gordon v Altus is another example of the noticeable trend in recent years for courts to award significant punitive damage awards in situations where an employer has acted in a malicious manner in the way in which in deals with its former employees.

While still far below the multi-million dollar awards in the United States, there are now several decisions of the Ontario Court of Appeal and British Columbia Court of Appeal where the employee has been awarded six - figure punitive damage awards for particularly egregious acts of the employer.

She has extensive experience representing defendants in appeals involving large punitive damage awards.

Nevertheless, Philip Morris reveal that five justices are prepared — perhaps even eager — to stretch both the Due Process text and the Court's precedents to addres what it sees as the «real harm» (to corporations) of extreme punitive damage awards.

However, those claims that do succeed have resulted in noticeably larger punitive damage awards in recent years.

And while the law should strongly encourage punitive damage awards in appropriate cases, judges should ultimately retain the discretion to award punitive damages.

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.

Is putting a cap on punitive damage awards in personal injury cases the best way to reform the legal system?

Look at the Roby decision's reining in of punitive damage awards (blog here).

In addition, punitive damage awards may be set aside because of flaws in jury instructions.

Recognizing that other state courts had interpreted Haslip as including a «clear... constitutional mandate for meaningful judicial scrutiny of punitive damage awards,» Adams v. Murakami, 54 Cal.

'' (g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to

The Court upheld punitive damage awards in both cases, but indicated that due process imposes an outer limit on remedies of this type.

The Court today invalidates this choice, largely because it concludes that English and early American courts generally provided judicial review of the size of punitive damage awards.

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.

However, the court last month overturned $ 4.2 million in punitive damages awarded in 1990 by a state court jury in Independent School District No. 622 v. Keene Corporation.

An amendment to the Oregon Constitution prohibits judicial review of the amount of punitive damages awarded by a jury «unless the court can affirmatively say there is no evidence to support the verdict.»

Although they fail to «draw a mathematical bright line between the constitutionally acceptable and the constitutionally unacceptable,» id., at 458; Has lip, 499 U. S., at 18, a majority of the Justices agreed that the Due Process Clause imposes a limit on punitive damages awards.