Sentences with phrase «punitive damage awards in»

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

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.

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.

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.

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.

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

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

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.

In its Cain opinion, the Court discusses the fact that punitive damages awarded in the Expedious Management Company case were common law punitive damages while the damages awarded in the instant case were the result of a statute.

Concluding Keays was dismissed, in part, because he hired a lawyer and to avoid accommodating his disability, an Ontario judge granted him the largest punitive damages award in Canadian employment law history.

It points to the analysis of an amicus showing that the average punitive damages award in a products liability case in Oregon is less than the national average.

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 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.

The Ontario Court of Appeal found that $ 500,000 was not a «rational» punishment for Honda Canada's misconduct, after weighing the length and severity of the harassment and discrimination endured by Mr. Keays, considering the other damages awarded to him, and reviewing the range of punitive damages awards in comparative matters.

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.

An appeals court in Missouri has reinstated a $ 28 million punitive damage award in a lawsuit involving a plane crash that killed six people.

Generally, courts look to the law of the state in which the settlement occurred in order to determine whether there could be compensatory or punitive damages awarded in a wrongful death case.

Without a rational basis for such allegations, they may be liable for substantial punitive damages awards in addition to common law reasonable notice.

Among the issues that Wal - Mart raised on appeal was whether California's «new right - exclusive remedy» rule bars a punitive damage award in a wage and hour case.

However, given that the Tribunal has accepted (and distinguished) the High Court judgment in Devenish (that the award of exemplary damages is excluded where a regulatory fine has been imposed), the Cardiff Bus judgment is by no means opening the floodgates of massive punitive damages awards in this area.

Real estate dispute; reversal of punitive damage award in corporate derivative suit; only injured party can recover punitive damages; ratio of punitive to compensatory damages

The most significant recent development in punitive damages awards in the context of employment law is the willingness of judges and juries to award significantly higher damage awards than in the past.

Last week a jury in Nevada handed down a massive $ 500 million punitive damage award in a case against UnitedHealth Group.

Not exact matches

A Florida jury assessed Gawker Media millions more in punitive damages on Monday for having invaded the privacy of the retired wrestler Hulk Hogan, adding to the $ 115 million it awarded in compensatory damages last week.

Penn awarded damages in the amount of US$ 2.63 billion, and punitive damages in the amount of US$ 5 million.

In no event shall the arbitrator be entitled to award either party exemplary, treble or any other form of punitive damages against the other, regardless of the claims raised.

The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages.

Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys» fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.

Last year, at Weitz & Luxenberg's behest, Heitler reversed a 20 - year ruling that prohibited punitive damages in asbestos cases — allowing for bigger jury awards.

Last year, at Weitz & Luxenberg's request, Heitler reversed a 20 - year rule barring punitive damages in asbestos cases, paving the way for much bigger jury awards.

According to the Times, one of the men who accused Bernard Spitzer of firing them because of the color of their skin was Anthony Haydenn, who was awarded $ 200,000 by a jury in 2008 — $ 100,000 in lost wages, $ 25,000 for emotional distress and $ 75,000 in punitive damages.

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.

In the case of the tobacco industry, the courts did much of the heavy lifting, giving cancer victims standing to sue and allowing juries to award billions of dollars in punitive damageIn the case of the tobacco industry, the courts did much of the heavy lifting, giving cancer victims standing to sue and allowing juries to award billions of dollars in punitive damagein punitive damages.

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Compensatory (but not punitive) damages awarded in court for physical injury or physical sickness

Are you thinking of some really nasty situation where (I don't know) punitive damages were awarded in a car case?

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.

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Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Campaign).

I would hope that the courts would explore in depth the availability of aggravated, punitive, and exemplary damages, and, in appropriate cases, award them.

Noting that Goico's $ 2.5 million award includes $ 1.5 million in punitive damages against Wichita's largest employer, Brantner writes:

I suppose the answer is implicitly yes in his rejection of the fair dealing defence and the award of punitive damages.

At the trial in rural Texas, Carol Ernst was awarded $ 24 million in compensatory damages and $ 229 million in punitive damages.

After finding petitioner Honda Motor Co., Ltd., liable for injuries respondent Oberg received while driving a three - wheeled all - terrain vehicle manufactured and sold by Honda, an Oregon jury awarded Oberg $ 5 million in punitive damages, over five times the amount of his compensatory damages award.