Sentences with phrase «punitive damage claim»

California, for example, already requires «clear and convincing» proof of the elements of a punitive damage claim.

Lead trial counsel defending a New York - based REIT against a real estate fraud claim for $ 7.5 million plus a punitive damage claim.

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.

The trial judge directed a verdict in favor of the plaintiffs on the contract claim, so the jury had to decide the amount of compensatory damages and the fraud and punitive damages claims.

WHEREAS, multiple punitive damages claims are a major obstacle to comprehensive settlement negotiations in repetitive litigation between plaintiffs and dependents; and WHEREAS, limiting multiple punitive damages awards...

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

In Canada, the well - known case of Whiten v. Pilot Insurance Co., [2002] 1 SCR 595introduced bad faith in execution of insurer duties as an independent cause of action in support of a punitive damages claim.

In so ruling, the court rejected the argument that a punitive damages claim was merely an extension of the underlying claims.

That means if you missed the two year statute of limitations for the Wrongful Death claim, if the person suffered before death, had substantial medical bills or had a punitive damages claim, then there may still be a suit that can be brought on behalf of the unrepresented Estate because it has been tolled by O.C.G.A. Sec. 9-3-32.

The plaintiffs were ordered to pay the attorney's fees for the defendant's appellate attorney, who had been hired to defend against the punitive damages claim.

See, e.g., Brooks, 585 S.E. 2d at 189 - 90 (affirming grant of summary judgment on punitive damages claim when record showed that defendant crossed over the centerline into oncoming traffic); Miller v. Crumbley, 548 S.E. 2d 657, 659 (Ga..

Defense against punitive damages claims has also come to play a critical role in pharmaceutical and other products litigation.

The legislation would shield manufacturers from punitive damage claims — the most aggressive legal recourse allowed against manufacturers — unless very specific negligence can be demonstrated.

The Court, however, leaves the door open for punitive damages claims when cell phones are involved and there are other aggravating circumstances.

Additional benefits of uninsured / underinsured coverage include possible coverage for hit and run accidents, drive by shootings, and punitive damage claims.

In Mississippi, the trial is supposed to evaluate all the evidence to see if a punitive damages claim should go to the jury.

The court entered a directed verdict in favor of the client on the failure to warn and punitive damages claim, and the Plaintiff then settled the design defect claim.

The trial court had found that while the Appraiser and Lender may have acted with conscious disregard of the false statement made to the buyers, there was no evidence that they had actual knowledge of the Beeman's fraud and so the trial court did not submit the punitive damage claims against the Appraiser and the Lender to the jury.

Not exact matches

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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.

Neither the Company, nor its officers, directors, employees, agents, distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Company's web site.

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.

IN NO EVENT SHALL NON-GMO PROJECT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE.

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.

The Participant hereby waives any rights or claims to attorney's fees and indirect, special, punitive, incidental, or consequential damages of the Participant, identifiable persons, or third parties, whether foreseeable or not and whether based on negligence or otherwise.

The plaintiffs are also claiming up to $ 15 billion in punitive damages.

In no case shall Slickster Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

A jury agreed with Mr Doe's claim, and ordered the dating company to pay $ 1.5 M in compensation to him, plus $ 15M in punitive damages.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distclaims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school distClaims Act on negligence claims against school distclaims against school districts.

You, and in the event of your death, your family, dependents, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and / or damage which you may suffer, howsoever arising, in relation to your entry into this competition and / or acceptance and / or use by you of a prize.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

Ms. Townsend reports that as part of the settlement, Pfizer made cash offers to over 300 other dog owners across the country to settle claims for death or injury to the dog, veterinary expenses, property damage, emotional distress and punitive damages.

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.

They may also be able to claim punitive damages under some circumstances.

Justice Smith found that Vigna had been substantially successful in the action, but was not successful on punitive damages and some of the claims of defamation.

Harder's letter claims the book includes false statements about Trump that «give rise to claims for libel» and the possibility of «substantial monetary damages and punitive damages.»

The decision also considered and denied the plaintiff's claim for punitive damages.

The employee commenced a civil action for wrongful dismissal, claiming aggravated and punitive damages and damages for intentional infliction of mental shock.

In certain circumstances, you may be entitled to compensatory and punitive damages as a result of your claim.

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.

The court refused to consider the plaintiff's claim at trial for punitive damages under the guise of the claim for special costs.

timely responses to communications by email and telephone timely production of documents especially medical counsel for plaintiffs advising their clients about early settlement and realistic expectations counsel for defendants advising their clients to attend mediations with sufficient settlement authority expertise in a particular area of law posturing and egotism on both sides claims for punitive damages where none are warranted under law preparation for significant events such as examinations for discovery and motions accountability for the consequences of steps taken or delayed unnecessary or defensive crossclaims and third party claims by defence counsel regional differences (some local bars are more collegial than others)

• Boyne USA, Inc. v. Spanish Peaks Development, LLC & Lone Mountain Holdings, LLC, Montana Fifth Judicial District Court (2010): $ 600,000 jury verdict and additional award of punitive damages for breach of contract, deceit, abuse of process and other claims.

Mr. Sbaraglia also sought to add a claim for punitive and aggravated damages.

Adding allegations of aggravated and punitive damages did not amount to adding a new and distinct claim.

This would be the only way to protect those claims for aggravated and punitive damages that would be eventually borne out by the evidence.

Ruling that allegations of aggravated and punitive damages are new and distinct claims would have placed insureds in a difficult position.

The trial judge's findings on the claim for punitive damages undermine the finding of conduct that was sufficiently egregious as to give rise to a claim of aggravated damages.

Insureds can rest assured that if they fail to demand aggravated and punitive damages but later discover supporting evidence, they will still be able to make a claim.

On the one hand, the court in Sbaraglia notes that claims for aggravated and punitive damages should not be made lightly.