Sentences with phrase «punitive damages awarded by»

In Plester v. Wawanesa Mutual Insurance Co. the court dismissed the appeal of the $ 450,000 punitive damages awarded by the jury.

[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.

Third, reviewing courts should consider «the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases.»

Being as kind as possible to the reasoning, the Court adopts a «Goldilocks» approach: the amount of punitive damages awarded by the trial judge ($ 1,000,000) was «too high», the amount awarded by the Court of Appeal ($ 250,000) was too low because it «fails to fully reflect the gravity of the conduct and the need to deter others», so $ 500,000 is perfect.

It quoted Campbell's guidelines: «(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized in comparable cases.»

In affirming, both the State Court of Appeals and the State Supreme Court rejected Honda's argument that the punitive damages award violated due process because it was excessive and because Oregon courts have no power to correct excessive verdicts under a 1910 amendment to the State Constitution, which prohibits judicial review of the amount of punitive damages awarded by a jury «unless the court can affirmatively say there is no evidence to support the verdict.»

An amendment to the Oregon Constitution prohibits judicial review of the amount of punitive damages awarded by a jury «unless the court can affirmatively say there is no evidence to support the verdict.»

Not exact matches

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.

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.

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.

The damages awarded may not be less than the amount paid by the buyer to the credit services organization and may include 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.

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.

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.»

While Oregon's judicial review ensures that punitive damages are not awarded against defendants entirely innocent of conduct warranting exemplary damages, Oregon, unlike the common law, provides no assurance that those whose conduct is sanctionable by punitive damages are not subjected to punitive damages of arbitrary amounts.

This argument is unconvincing, because the review provided by Oregon courts ensures only that there is evidence to support some punitive damages, not that there is evidence to support the amount actually awarded.

Some lawyers and judges have taken that to mean that $ 1 million is a hard cap on punitive damages in Canada, bolstered by former Supreme Court Justice Ian Binnie's comments in his decision restoring the award in favour of Will's client, in which he wrote: «An award of $ 1 million in punitive damages is certainly at the upper end of a sustainable award on these facts.»

While we welcome respondent's introduction of empirical evidence on the effectiveness of Oregon's legal rules, its statistics are undermined by the fact that the Oregon average is computed from only two punitive damages awards.

Plaintiffs awarded punitive damages by a jury against their insurers should expect to face an appeal, Toronto personal injury lawyer Gary Will tells AdvocateDaily.com.

In the Court of Appeal's decision, Laskin J.A. reduced the punitive damages awarded at trial by a significant amount.

The Federal Court upheld a $ 185,000 award for punitive and aggravated damages to a 30 year employee who was subjected to harassing and threatening conduct by his employer's executive director and then wrongfully dismissed without notice or cause.

For example, Will says he can envision higher punitive damages being reasonably awarded by a jury if the insurer was a repeat offender or if the case represented a pattern of corporate misconduct.

A recent Supreme Court of British Columbia decision reveals that an award for aggravated and / or punitive damages is not automatic where termination for cause is not justified and upheld by the court.

If the initial complaint or other earlier filings had contained a claim for punitive damages, or even an allegation that the defendants acted maliciously, willfully, recklessly, wantonly, fraudulently, or in bad faith, the Court would have likely allowed the punitive damages issue to be heard by the jury, and the plaintiff may have received a larger award at the conclusion of the case.

Following an appeal by Home Hardware the aggravated damages were set aside and the punitive damages were reduced to $ 75,000 however, the notice award and defamation damages in the amount of $ 60,000 were upheld.

Awards against nursing homes are comprised for the most part of punitive damages, and damages for mental anguish, pain and suffering experienced by the injured person, medical expenses, and the loss of affection and companionship by the surviving spouse or children.

Punitive damages of $ 50,000 were awarded, to be shared by all plaintiffs.

In my view, a punitive damage award on the scale imposed in this case can be justified only by extraordinary circumstances of a similar nature to those in Whiten and Hill.

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.

Examples of the type of conduct by employers that has repeatedly attracted a punitive damage award often includes one or more of the following:

It's also worth noting that Texas law may have limits on the amount of recovery you may be entitled to in a personal injury claim depending on several factors, including limits established by the Texas Tort Claims Act for actions against governmental entities, punitive damage awards and general damages awards on Medical Malpractice claims, just to name a few.

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.

Obtained a punitive damage award ($ 350,000) which is still the highest punitive award against an insurer upheld by the Ontario Court of Appeal (Plester vs. Wawanesa)

However, when the collision was caused by a drunk driver, juries take this very seriously and regularly return significant punitive damages awards.

The judge ordered the defendants to pay the legal costs incurred by Senator Enverga, along with the general and aggravated damages and punitive damages awarded, thus bringing the total amount to which the Senator is entitled to $ 340,000 plus pre-judgment interest.

If punitive damages are awarded, they are rarely covered by insurance, and can only be collected from the personal assets and income of the defendant perpetrator.

Punitive damages refers to damages awarded for the purpose of punishment — to deter intentional or reckless behavior or actions motivated by malice.

These cases involve egregious acts of negligence and misconduct; therefore, our attorneys can also push for maximum compensation by obtaining punitive damage awards.

If you can get past all the legal challenges and be awarded punitive damages, in most circumstances, you're limited to an amount between $ 200,000 and $ 750,000, depending on the the actual «economic» damages determined by the jury.

Though manufacturers are generally strictly liable for the actual damages caused by their products, punitive damage awards typically require a higher showing of reprehensible conduct.

Of the $ 246,049 awarded by the court, $ 165,000 was awarded for the combination of aggravated, punitive and human rights damages.

Punitive damages are substantial damage awards granted by courts to deter bad conduct.

The Court of Appeal for British Columbia upheld the award for mental damages and also awarded Ms. Fidler $ 100,000 in punitive damages for bad faith conduct by Sun Life.

In addition, by taking legal action, you can hold the party responsible for their actions or failure to act and, in rare cases, may be entitled to punitive damages, which are awarded to discourage similar conduct among others.

Of course, punitive damages are typically awarded with compensatory damages for the actual losses suffered by the person who died, his or her estate, and his or her loved ones.

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.

A Florida jury made history on Friday, July 18th, by awarding nearly $ 24 billion in punitive damages to a widow whose husband died of lung cancer.

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.

Under Georgia law, punitive damages may only be awarded in a tort action if «it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.»

One need only compare that against the recent case of Boucher v. Wal - Mart Canada Corp., 2014 ONCA 419 (CanLII), summarized by this blog in the post Wal - Mart Rolls Back Award of Punitive Damages, which must now be considered the high - water mark for aggravated damages for bad behaviour in emplDamages, which must now be considered the high - water mark for aggravated damages for bad behaviour in empldamages for bad behaviour in employment.