Sentences with phrase «punitive damage awards as»

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.

It can not be said that the quantum of the punitive damages awarded as against Rabinowitz was irrational, given the underlying objectives of such damages.

If leg - islatures have imposed caps on punitive damages through using a certain multiple of the compensatory damages or a certain flat dollar amount, then the wealthy defendant will simply view the punitive damages award as just a tax or a cost of doing business.

Not exact matches

Bills in the package would also raise civil penalties for Violations And Create An Avenue for Housing Courts to award statutory, compensatory and punitive damages as well as attorney's fees and costs for harassment cases.

Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.

Netflix's latest documentary, Nobody Speak: Trials of the Free Press, was often colloquially referred to as the «Hulk Hogan» documentary which led many to believe that the sole focus of the film would center on the wrestler's legal entanglement with Gawker — which ultimately led to the news portal being bankrupted and shuttered after a Florida judge awarded Hogan $ 115 million in punitive damages.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

The suit seeks an award of actual damages, punitive damages, court costs, and attorney fees, as well as injunctive and declaratory relief.

Though the German courts recently ruled not to enforce the US court's decision (on the grounds that it considered the minimum statutory damages awarded to be excessive and punitive), Bossland ended sales for almost all of its hacks at the end of last year; as of today, the only ones remaining are for non-Blizzard games, specifically Final Fantasy XIV and Path of Exile, though according to the group's latest newsletter, there's a PUBG one tucked on the forums too.

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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.

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.

'' «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.

'' (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

A plurality in TXO assented to the proposition that «grossly excessive» punitive damages would violate due process, 509 U. S., at 453 - 455, while JUSTICE O'CONNOR, who dissented because she favored more rigorous standards, noted that» [i] t is thus common ground that an award may be so excessive as to violate due process,» id., at 480.

If the other driver is convicted of DUI, you may also be awarded punitive damages that are intended to punish that driver's reckless behavior and also to deter others from driving under the influence (as if the legal prohibitions weren't sufficient).

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.

You may be awarded punitive damages as well.

Punitive damages are a tool that, although intended to be used as a deterrent, can result in sizeable awards depending on an individual judge's / jury's understanding of the facts.

As a result, punitive damages may not be awarded in every case.

As seen in this case, steep awards of aggravated and / or punitive damages can possibly be avoided where an employer conducts itself in a fair manner when it comes to employee investigations and terminations.

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.

Punitive damages can be awarded to punish a defendant and to serve as a deterrent for others.

Punitive: In personal injury cases that involve reckless disregard for the safety of other, such as a case involving a drunk driver, punitive damages may be awarded to the victim of the aPunitive: In personal injury cases that involve reckless disregard for the safety of other, such as a case involving a drunk driver, punitive damages may be awarded to the victim of the apunitive damages may be awarded to the victim of the accident.

Northcote says the CEO's call to Blacklock's publisher to discuss the story could be regarded as the sort of action the judge found lacking, adding that the punitive damages award «seems excessive.»

If a car accident lawyer can show that the cause of the accident was a speeding driver, not only will they be able to prove the driver's negligence and assign them fault, but they might be able to ask the jury to award punitive damages, because speeding is understood and accepted as behavior that should not occur behind the wheel.

Punitive damages are damage awards that exceed what the victim is entitled to as compensatory or non-economic damage awards.

Elgert was awarded 24 months» salary in lieu of notice as well as damages in the amounts of $ 60,000 for defamation, $ 200,000 in aggravated damages and $ 300,000 in punitive damages.

Punitive damages are designed to punish the defendant and act as a deterrent, but are rarely awarded in personal injury cases.

(2) The judge may also award punitive damages, either on the defendant's motion or on the court's own motion, as justified in the circumstances.

In Honda Canada Inc. v. Keays, 2008 SCC 39 the Supreme Court of Canada reiterated at paragraph 62 that a breach of the contractual duty of good faith can qualify as an independent actionable wrong necessary for an award of punitive damages.

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.

The Court also raised the bar as to the amount of punitive damages to be awarded in such cases, and signalled significantly increased exposure for employers found to engage in such misconduct.

In a wrongful dismissal action a breach by the employer of its contractual duty of good faith and fair dealing can be classified as an actionable wrong that may entitle the dismissed employee to an award of punitive damages.

Punitive damages are monetary awards that can best be thought of as a punishment meant to deter others from behaving in the same way as the guilty party.

The punitive damage award in this case is on the same scale as awards in Whiten [$ 1 million] and Hill v. Church of Scientology of Toronto,

The plaintiff alleged in the statement of claim that the Bank displayed the same tactics and approach in his dismissal as in earlier dismissal, which had resulted in court awards of punitive damages against the bank.

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.

The final portion of this opinion that a three - judge panel of the U.S. Court of Appeals for the First Circuit issued today contains an interesting discussion of the potential for overlap between a jury's award of damages for emotional distress and what a jury might have awarded had it been advised (as it should have been but was not at the original trial) that an award of punitive damages in favor of the plaintiff was appropriate.

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.

In 2010 in Nuala MacDonald - Ross v. Connect North America6 the Court awarded $ 50,000 in punitive damages for conduct that the Court described as «reprehensible».

Punitive damages are neither economic nor non-economic damages, as they are not awarded to compensate any loss.

In countries that do allow for punitive damages, there is the question of whether an arbitral tribunal, as opposed to the national courts, has the power to award punitive damages.

The court stated: «I do not, however, believe that the defendant's conduct was harsh, vindictive, reprehensible or malicious so as to justify an additional award of punitive damages.»

A claim for an increased punitive damage award based on systemic wrongdoing may strike some lawyers as dubious on the basis that a plaintiff should not be able to claim damages for the harm done to others.

They awarded him $ 175,000.00 in punitive damages as a means to punish the insurers for their conduct.

Punitive damages: Awarded in a small percentage of cases, punitive damages are designed to punish the defendant for behavior that is extremely harmful, such as driving drunk or talking on a cellphone while Punitive damages: Awarded in a small percentage of cases, punitive damages are designed to punish the defendant for behavior that is extremely harmful, such as driving drunk or talking on a cellphone while punitive damages are designed to punish the defendant for behavior that is extremely harmful, such as driving drunk or talking on a cellphone while driving.

The jury assessed Wells Fargo as 98 % responsible for damages and awarded the Barbara Burton Morriss Trust $ 45,766,033.81 in actual damages and $ 32,100,000.00 in punitive damages.

Terhune v. Forum Group Corp et al.: Loretta Terhune was awarded $ 8.5 million in actual damages and $ 35 million in punitive damages as a result of the poor care her father received during the eight months he was a resident at Moran Lake Road Nursing Home in Rome, Ga..

Punitive damages are awarded as a punishment to the defendant for malicious negligence in the case, and to deter similar behaviors in others.