Sentences with phrase «punitive damage case»

But in a punitive damage case, the jury must find that there is «clear and convincing evidence» that the offender's act or omission constituted gross negligence.

The possibility of a 4 - 4 ruling in the Exxon Valdez punitive damages case as a result of Justice Alito's recusal (he holds stock in Exxon) has triggered a discussion around the blogosphere over whether there's a better way for the Court to handle recusals so as to avoid the possibility of a tie vote (in which case, the appellate court's ruling stands).

This is precisely the due process consideration that the Supreme Court properly kvetched about in the BMW v. Gore and State Farm punitive damages cases.

This opinion drew a vigorous dissent from Judge Browning, who accused Judge Kleinfeld of misreading recent Supreme Court punitive damages cases.

Not exact matches

As you probably know, Hogan won the case and won a massive judgment of $ 115 million dollars and an additional $ 25 million in punitive damages.

And if those parents remain negligent, then it may be necessary to have a conversation about punitive damages, but in this specific case, this little girl brought in what, by all accounts, looks like a pretty good lunch to me.

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.

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.

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A California judge last week upheld a $ 4 million verdict against the state department of education, but dismissed $ 150,000 in punitive damages against former schools chief Delaine Eastin in a case alleging discrimination against a whistle - blower.

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 damages.

U.S. District Judge Bernice Donald last week denied the parents» request for an immediate halt to the vaccinations but did not rule on the overall case, which seeks both compensatory and punitive damages from the 109,000 - student...

Instead, Apple filed motions last month to appeal Judge Denise Cote's date for the damages portion of the ongoing case — damages which can be as high as 800 + million dollars, if punitive rulings are imposed — on the grounds that they were certain the case would be thrown out once it finishes with its appeal of Cote's guilty ruling, making the damages trial a waste of time and money.

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

You could also seek punitive damages or initiate a class action suit, which would force the company to pay your attorney's fees if you win the case.

If a financial institution does not follow the provisions of the EFT Act, you may sue for actual damages (or in certain cases when the institution fails to correct an error or recredit an account, for three times actual damages) plus punitive damages of not less than $ 100 nor more than $ 1,000.

Finally, you know that PETA has filed various motions to have the case dismissed by arguing that the dog was worthless, she had no value beyond the cost of replacement for another dog, they had permission by the property owner to remove community cats so they can not be guilty of trespass for entering and killing a dog, the family is not entitled to punitive damages because PETA's theft and immediate killing of a happy, healthy, beloved dog is not «outrageous» conduct, and in an argument with racist overtones, that the family may not be in the country legally so PETA should be allowed to get away with the theft and murder of their dog.

UPDATE: The case was settled after the verdict of $ 160 million in lost wages came down but the claim for an additional $ 483 million in punitive damages was still pending against the Cosmopolitan.

ExxonMobil based its argument on precedents set in two old cases of maritime law holding that «punitive damages are not available against a shipowner for a shipmaster's recklessness» (language from today's decision).

It's not a matter of ideology but rather criminal intent (mens rea) and criminal effect, not to mention the civil aspects of such cases, in which compensatory and punitive damages may be imposed upon the miscreant parties involved in the perpetration of deceit for the purposes of pecuniary or other material gain attained to the detriment of specific other people and the public at large.

Brite had sued in a Texas county court, a court of limited jurisdiction that lacks authority to hear cases with a value in excess of $ 100,000, excluding interest, statutory or punitive damages and attorney fees, as alleged on the face of the petition.

In Punitive Damages on the Supreme Court Docket, Lattman says that the Philip Morris case has set the stage for «a clarification of the Court's muddled guidelines on punitive damagesPunitive Damages on the Supreme Court Docket, Lattman says that the Philip Morris case has set the stage for «a clarification of the Court's muddled guidelines on punitive damages.Damages on the Supreme Court Docket, Lattman says that the Philip Morris case has set the stage for «a clarification of the Court's muddled guidelines on punitive damagespunitive damages.damages.»

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

Lawyers now intend to file new cases on behalf of claimants for spoliation of evidence and are gunning for punitive damages.

Commercial cases include contract damages, restitution, and other damages, as well as tort compensatory damages and punitive damages.

The Daily Business Review reports [paid - access] that plaintiffs lawyers in Florida have been routinely filing motions for punitive damages in texting cases, but without much success until this case.

On appeal the Cains argued that the trial court erred by giving Instruction 10 which included language that noted «punitive damages are generally not favored and should be awarded only in cases involving egregious conduct.»

In some falling cargo cases, our reputable commercial truck accident attorneys will seek punitive damages against negligent truck companies and drivers responsible for the accident.

Fourth, and perhaps most important, in product liability cases, Oregon requires that punitive damages, if any, be awarded based on seven substantive criteria, set forth in Ore..

Cf. supra, at 444, n. 11 (between 1965 and the present, awards of punitive damages in Oregon have been reported in only two product liability cases, including this one).

Punitive damages are only allowed in certain cases.

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.

You may be entitled to lost wages, medical expenses, pain and suffering, and, in some cases, punitive damages.

In some cases, such as drunk driving, we also demand punitive damages.

The latter court relied heavily on the fact that the State's product liability punitive damages statute and the jury instructions in this case provided at least as much guidance as those upheld in Pacific Mut.

The Court found that the instruction included «unnecessary commentary» on punitive damages and that it «improperly required the jury to consider an element or legal standard» that the plaintiffs were not required to prove as part of their case.

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

In some cases, a victim may be able to recover punitive damages as well.

On July 15, 2016, immediately before a hearing was to be held on Plaintiff's motions to depose the CEO of Takata and to amend the complaint to plead a claim for punitive damages, Mr. Leopold successfully resolved the case.

This is obviously a different standard and each case should be looked at under its specific facts to determine whether it falls under a statutory punitive damages claim or a common - law punitive damages claim.

In some especially egregious cases, the victim's representative may also seek punitive damages in addition to compensatory damages.

The results of this deposition will often significantly influence not only the outcome of the case, but the size of the recovery, and the award of punitive damages.

Punitive damages typically only apply in cases where the at - fault party's conduct was exceedingly reckless or intentional.

Additional punitive damages (in the case of gross negligence or willful misconduct) normally can not exceed the total of your damages for tangible and intangible losses, although in rare cases you may be entitled to up to 300 % of the amount of these damages.

Punitive damages are reserved only for the most despicable cases of negligence or reprehensible behavior which directly resulted in your injury.

In the case before us today we are not directly concerned with the character of the standard that will identify unconstitutionally excessive awards; rather, we are confronted with the question of what procedures are necessary to ensure that punitive damages are not imposed in an arbitrary manner.

And, punitive damages are available in a car accident case even if the accident victim fails to provide sufficient evidence to overcome the «threshold requirement» for his non-economic losses.

Between 1965 and the present, awards of punitive damages have been reported in only two product liability cases involving Oregon law, including this one.

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.