Sentences with phrase «punitive damages award»

The amount of punitive damages awarded depends greatly on the factors of the case.
Is putting a cap on punitive damage awards in personal injury cases the best way to reform the legal system?
In so doing, the case provides a valuable primer on punitive damage awards; one worthy of every personal injury practitioner's reading.
The purpose of the increased punitive damage award would be so that the award would act as a deterrent.
However, those claims that do succeed have resulted in noticeably larger punitive damage awards in recent years.
A court may impose a significantly higher punitive damage award if it is found that the employer followed a policy or practice of attempting to exploit vulnerable employees.
Corporate groups consider reducing punitive damages awards one of their top priorities.
Limits multiple punitive damages awards based on the same act or course of conduct.
These cases involve egregious acts of negligence and misconduct; therefore, our attorneys can also push for maximum compensation by obtaining punitive damage awards.
Without a rational basis for such allegations, they may be liable for substantial punitive damages awards in addition to common law reasonable notice.
For the record, I am comfortable with some judicial regulation of extreme punitive damages awards.
Other recent punitive damage awards in employment cases have been lower.
And while the law should strongly encourage punitive damage awards in appropriate cases, judges should ultimately retain the discretion to award punitive damages.
Many times, the only thing that sends that kind of message to big business is a big punitive damages award.
Information reported includes the type of case, types of plaintiffs and defendants, trial winners, amount of total damages awarded, amount of punitive damages awarded, and case processing time.
She has extensive experience representing defendants in appeals involving large punitive damage awards.
In the employment setting, that kind of conduct could lead to substantial punitive damage awards.
With this decison, the Ontario Court of Appeal specifically acknowledged the appropriateness of punitive damages awards against employers who discriminate, harass or fail to accommodate disabled employees.
[111] The quantum of punitive damages awarded by this jury, however, is another matter entirely, and it is appropriate to comment on this for the benefit of the parties and the judge at the new trial.
Several dismissed employees asked the court to award increased punitive damage awards as a result of Sears» alleged policy.
In particular, he noted that» «procedural due process» requires judicial review of punitive damages awards for reasonableness.»
However, the surety company is liable only for damages awarded under division (A)(2) of section 4712.10 of the Revised Code and not for punitive damages awarded under division (A)(3) of section 4712.10 of the Revised Code.
For these reasons, we hold that Oregon's denial of judicial review of the size of punitive damages awards violates the Due Process Clause of the Fourteenth Amendment.1 o
In 2012 two juries awarded dismissed employees with significant punitive damage awards.8 In 2012 a jury of the British Columbia Supreme Court in Higginson v Babine Forest Products Ltd. and Hampton Lumber Mills Inc. 9 ordered the two defendant employers to pay $ 573,000.00 in punitive damages.
However, as with punitive damage awards, in Honda the Court recognized that an award of moral damages also acts as a deterrent.
The Court upheld punitive damage awards in both cases, but indicated that due process imposes an outer limit on remedies of this type.
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:
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.
The average punitive damages award among cases in which punitive damages were awarded was somewhat lower in 2003 - 13 ($ 14,002) than in 1973 - 83 ($ 17,376), despite the fact that total damages awards were much higher in the later period.
Further, «conduct meriting punitive damages awards must be «harsh, vindictive, reprehensible and malicious», as well as «extreme in its nature and such that by any reasonable standard it is deserving of full condemnation and punishment»: Honda Canada Inc. v. Keays, 2008 SCC 39 at para. 68.
The settlement has been called a good deal for the drug company which will avoid the threat of further litigation and potentially punitive damages awarded to litigants who claim Actos use is linked to the development and spread of cancer.
$ 40 million punitive damages award reversed because trial court improperly usurped jury's role in determining facts regarding managing agent's ratification of tortious conduct
When a defendant's misconduct kills or injures a poor person — i.e., someone whose death or injury triggers smaller payouts in compensatory damages under conventional valuation models — such misconduct will yield a lower punitive damages award where there is a requirement that punitive damages be based on compensatory damages than if the defendant killed or injured a wealthy per - son.
Co., 310 Ore. 206, 210 - 214, 797 P. 2d 1019, 1021 - 1023 (1990)(setting aside punitive damage award because it was prejudicial error to instruct jury that a portion of any award would be used to pay plaintiff's attorney's fees and that another portion would go to State's common injury fund).
The third, which Mr. Owen considered the most important, is to cap punitive damage awards.
A manufacturer of products containing asbestos, ruled the Texas Supreme Court, could be held liable for punitive damages based on wrongful conduct, even if it had previously paid other punitive damage awards in other cases based on the same conduct.
If, however, in some future case, a plea is plausibly made that a particular punitive damage award is not merely excessive, but «so «grossly excessive» as to violate the Federal Constitution,» TXO, 509 U. S., at 458, n. 24, and Oregon's judiciary nevertheless insists that it is powerless to consider the plea, this Court might have cause to grant review.
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.
Last year also saw another Canadian first in Airbus Helicopter v. Bell Helicopter, which awarded Airbus $ 1 million in punitive damages based on the gross misconduct of the defendant Bell: the only punitive damages award for patent infringement in Canadian history.
In reducing the original punitive damages award, the Court of Appeal balanced the legitimate objective of «punishing» the employer against a requirement of proportionality based on the specific facts of the case.
Extreme punitive damages awards are typically the product of a particular jury deciding to bring the hammer down on a particular tortfeasor it does not like (for good or bad reasons).
Represent EPL insurer in coverage proceedings concerning insurability of large punitive damages award entered against employer charged with sexual harassment and retaliation under statutory public policy prohibition against insuring deliberate wrongdoing, in Massachusetts.
The Securities Arbitration Commentator has released its 2015 punitive damage award survey.
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