Sentences with phrase «punitive damages does»

This heightened threshold for punitive damages does not apply to non-economic damages.

Common law punitive damages does require that a defendant act with «actual malice» toward a plaintiff or that he acted under circumstances that amount to «a willful and wanton disregard» of a plaintiff's rights.

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

The court noted that punitive damages do not compensate the plaintiff; instead, they serve as a warning.

Indeed, if punitive damages did not raise much concern, it would be hard to understand why various entities have in re-cent years underwritten the activities of think tanks and academics interested in tort re-form.

Not exact matches

«The punitive action was taken as the operator did not comply with protective steps, making it vulnerable to hacks and causing leaks of personal data and financial damage.»

I am a reunited adoptee and I believe adoption is the most punitive and damaging act ever done to mothers and children.

The Endocrine Society or its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including without limitation lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the user materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not the Endocrine Society had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose.

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.

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.

The report doesn't mention it, but we found this trailer online for Alexander's proposed Creed movie that was uploaded in April 2012, more than a year before MGM announced that Coogler would direct the spin - off film, the costs of which Alexander might tally in his suit seeking «compensatory damages, punitive damages, pre-judgment interest, attorneys» fees and costs.»

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...

«In the real world, there's punitive damage when kids say or do the wrong thing.

-- For purposes of subsection (b)(2)(B), the term «monetary damages» and «such other relief» does not include punitive damages.

Why that is critical is that although you don't absolutely have to register your copyright (which is not the same as owning copyright), registering gives you the ability to pursue punitive damages in court.

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

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DAVID ZWIRNER, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE «PROTECTED ENTITIES») BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR DAVID ZWIRNER HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

Given that Vigna was not the ultimate target of Levant's posts, Smith J. did not award punitive damages [para. 135].

Sometimes, if the company knew but did nothing, you may get punitive damages (damages to punish and make an example of the employer).

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

It is interesting to note that the general punitive damages instruction also does not contain a reference to egregious behavior or the fact that punitive damages are generally disfavored in Virginia.

Where a person not only engages in a discriminatory practice, but does so «willfully or recklessly» a Tribunal may order what are in effect punitive damages, pursuant to section 41 (3).

If the other driver involved in the accident broke the law, did not keep log books, was driving too long, was intoxicated, or things of that nature, the motorcyclist may also be able to get punitive damages with the help of a Bardstown motorcycle accident attorney.

'' [WJe do not suggest that a defendant has a substantive due process right to a correct determination of the «reasonableness» of a punitive damages award.

Although punitive damages are very rare and don't often come into play especially in truck accidents.

On appeal, the court held that the plaintiffs could not do so because the statute of limitations had run, and thereby entered judgment notwithstanding the verdict on the plaintiffs» $ 38.5 million punitive damages award.

He rejected McIntosh's claims for punitive and aggravated damages but did award her partial indemnity costs of $ 6,500.

Either courts are awarding punitive damages in situations that do not warrant such an award, or else defamation actions frequently involve malicious and oppressive conduct.

In this case, the Court found that the plaintiffs did not allege anything needed to seek punitive damages until they prepared the final pretrial order.

Does not allow the recovery of punitive damages in medical malpractice cases and virtually all other personal injury cases (except DWI).

Many judges do not allow this to be an infinite amount and will cap the amount of money that can be sought in punitive damages.

In addition to seeking compensatory and punitive damages, we will also attempt to the change the company's practices for the better, making them improve safety standards so that accidents like this do not happen again in the future.

If a case does, in fact, qualify for punitive damages, the jury will award punitive damages in accordance with the jury instructions.

In other words, the Moran Report did not recommend an award of punitive damages in every case where the defendant was able to succeed on a motion to dismiss.

And because plaintiffs did not quantify compensatory damages, the court found that the claims for punitive damages could not stand either.

The judgement also awarded US$ 8.6 billion in punitive damages if the oil company did not issue an apology within 14 days.

However, those claims that do succeed have resulted in noticeably larger punitive damage awards in recent years.

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).

In a narrative of a trial where a defendant was not truly negligent, jurors opted for punitive damages at rates ranging from 74 % to 96 % while judges did so at lower rates ranging from 18 % to 69 %.

Unlike some other states, Washington does not allow for punitive damages — damages that punish the negligent party.

If the court finds that involving the police was done in bad faith, an insurer may be exposed to aggravated and punitive damages.6

In addition, the IRS can challenge a settlement in which the allocation of punitive to compensatory damages does not accurately reflect the «economic substance» of the settlement.

In countries that do allow for punitive damages, there is the question of whether an arbitral tribunal, as opposed to the national courts, has the power to award punitive damages.

Taking a case completely to trial is often done in only the most egregious accident cases because it gives a sympathetic jury an opportunity to award punitive damages along with compensatory claims, especially when an accident involved a drunk driver or speeding driver or a commercial vehicle.

Virginia law does not impose a general cap on damages that would apply to limit your recovery in truck accident cases, although Virginia Code Section 8.01 - 38.1 limits compensation for punitive damages to $ 350,000.

With regard to damages, some jurisdictions have laws that allow for punitive or other non-compensatory damages while others do not.

Failure to do so can trigger punitive damages; for example, concealed assets can be awarded to the other party.

The court stated: «I do not, however, believe that the defendant's conduct was harsh, vindictive, reprehensible or malicious so as to justify an additional award of punitive damages.»