Sentences with phrase «punitive damages awards against»

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.

This was done during a time when a $ 50 million punitive damage award against Massey Coal was being appealed to that Supreme Court.

Only lawyer in Canada who has won, on three separate occasions, punitive damage awards against insurance companies for the manner in which the insurers treated their policy holders

Among other significant matters, she secured a historic victory for State Farm Mutual Automobile Insurance Company, when the U.S. Supreme Court reversed a $ 145 million punitive damages award against the company as unconstitutionally excessive.

Insurers are vocally opposed, even though they are prohibited outright under California law from covering punitive damage awards against their insureds.

It also provides a precedent (i) for holding the director of the corporate debtor personally liable for oppressive acts, and (ii) for claiming a large punitive damages award against an evasive judgment debtor.

But because the broker had actively supported the fair housing laws, the appellate court overturned the trial court's punitive damage award against him and the company.

Not exact matches

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.

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

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.

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.

Punitive damages are awarded against parties in order to deter certain conduct that courts finds egregious or outrageous.

In addition, Archibald ordered them to pay IMAX $ 456,000 for disgorgement of profits and awarded $ 50,000 in punitive damages against Tsui.

Jury Trial for compensatory and punitive damages, ICBC v. Finley and Finley, BC Supreme Court, 2003 unreported — awards in excess of $ 2.5 million dollars against each defendant

Jury Trial for compensatory and punitive damages, ICBC v. Sun and others, BC Supreme Court, 2003 unreported — awards in excess of $ 640,000 against numerous defendants

In order for a jury to award punitive damages against a defendant, the plaintiff must properly allege such damages throughout the case.

Kwinter helped secure the largest jury award in the province's history for punitive damages against an insurer in the 2006 case Pereira v. Hamilton Township Farmers» Mutual Fire Insurance Co., with his clients ordered to receive $ 2.5 million.

On Friday, a Jackson County Circuit Court jury awarded $ 20 million in punitive damages in a case that alleged retaliation, age and sex discrimination against an American Family Insurance sales manager.

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.

Liptak's article describes an Italian court that refused to enforce an Alabama judgment against an Italian company because the award included punitive damages — a concept offensive to Italian notions of justice.

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.

The Court of Appeal11 reduced the punitive damage award to $ 100,000 against Wal - Mart and $ 10,000 against the manager.

Punitive damages are awarded against a defendant in exceptional cases for «malicious, oppressive and high - handed» misconduct that «offends the court's sense of decency»: Hill v. Church of Scientology of Toronto, [1995] 2 S.C.R. 1130, at para. 196.

The plaintiff alleged in the statement of claim that the Bank displayed the same tactics and approach in his dismissal as in earlier dismissal, which had resulted in court awards of punitive damages against the bank.

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.

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)

In some cases, if an insurer's conduct is egregious or heavy handed, a Court could award punitive or aggravated damages against the insurer.

There may be a vehicle to award punitive damages against a perpetrator.

However, in some cases, juries and courts can award what are called «punitive damages,» which are designed to punish defendants who have behaved recklessly or intentionally against the public's interest.

The jury found for the plaintiff and awarded 20 weeks salary in damages, the amount specified in her employment contract, $ 200,000 in aggravated damages against the employer for the manner of dismissal, and $ 1,000,000 in punitive damages.

The jury, however, will not consider whether to award punitive damages against Western Express.

Obtained a $ 20 million compensatory damage award, a six - figure award of sanctions for discovery abuses against the Defendants and counsel, and a recommended $ 10 million award of punitive damages.

Representation of city in post-judgment motions and appeal of whistle blower case where the jury awarded Plaintiffs $ 27 million in actual and punitive damages against three Defendants who allegedly retaliated against Plaintiffs for exercising their First Amendment rights and whistle blowing.

Provided coverage advice to an international insurance company in a matter where a Missouri jury awarded $ 355 million in compensatory damages and $ 35.5 million in punitive damages against a financial institution for a trust that was intended to fund «pre-need» funeral policies that would cover all future funeral - related needs.

Damaging Justice The case against awarding punitive damages based on the sway of emotions or messianic zeal.

Awards against nursing homes are comprised for the most part of punitive damages.

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.

A small claims case against a slum landlord in which the judge blasted the landord for his conduct and awarded punitive damages made the front page of the Edmonton Journal.

For example, punitive damages may be awarded against a manufacturer of a defective car in order to incent the manufacturer to improve the safety of its cars going forward.

Although the Supreme Court of Canada upheld the award of punitive damages against RBC it rejected the trial judge's conclusion that «courts are entitled to expect honest behaviour from the major chartered banks».

The court believed that punitive damages can not be awarded against a tortfeasor's estate.

Successful co-counsel with Alfred M. Kwinter at trial where Court found in favour of insureds against its insurer and repair contractor including an award of $ 100,000 in punitive damages (Brandiferri v. Wawanesa and Strone)

Successfully represented Plaintiff in fire loss claim against insurer where jury awarded $ 175,000.00 in punitive damages for bad faith conduct of insurer in denying claim based on an alleged misrepresentation in in the application process (Haji - Fazul v. Lloyd's Underwriters)

D'Amore, of D'Amore Law Group, who represented a woman who was molested by an anesthesiologist while under sedation, has been awarded $ 950,000 in compensatory and punitive damages in her case against a hospital -LSB-...]

The group of North Carolina plaintiffs were each awarded $ 75k in compensatory damages, as well as $ 5 million each in punitive damages, against a pig farming conglomerate.

Community Rights Counsel Press Release — For more than a decade, Exxon Corporation (now ExxonMobil) has waged a comprehensive campaign against punitive damages awards, triggered by the decision of a jury in Alaska to impose a $ 5 billion penalty on the company for the misdeeds that led to the Valdez oil spill, the worst in the nation's history.

As my colleague Andy Frey and I reported in an earlier post, an Illinois federal jury in July returned a $ 150 million punitive verdict against AbbVie without awarding the plaintiff any compensatory damages.

The trial judge's reasons confirm that he appreciated the purposes of punitive damages, their exceptional nature, the need to be fair to both sides, and the basis for Rabinowitz's contention at trial that any award of punitive damages as against him should be limited to $ 25,000 to $ 50,000.

The jury also awarded her damages of $ 1,200,000 against Wal - Mart, made up of $ 200,000 in aggravated damages for the manner in which she was dismissed, and $ 1,000,000 in punitive damages.

In deciding that the award of punitive damages against Wal - Mart should be reduced, however, Justice Laskin wrote: