Sentences with phrase «showing of actual damages»

Not exact matches

It provides that a court shall award actual damages, and may award punitive damages, if a SLAPP defendant shows that the SLAPP was brought to harass, inhibit the defendant's public participation or exercise of constitutional rights, or otherwise wrongfully injure the defendant.

As to the projected decline in hurricane damage as a fraction of GDP, an even casual reading of the relevant paper shows that while actual damage is predicted to increase in most places, GDP is forecast to go up even faster, so that the ratio declines.

I am just speculating, of course, but I find it easier to imagine the damage control meeting this morning at Heartland coming up with an imaginary theft scenario and a denial of the most embarassing of the documents than to imagine anything comparable happening at a second rank British university which showed anything but PR and legal agility in the actual event.

I doubt any of the plaintiffs can show actual damages at this time.

So the plaintiffs in this case need to either (a) show actual damages, or (b) convince the court under the applicable standard of proof that they will suffer damages and they are likely to prevail on the merits of the case, and possibly secure a bond for the losses to the defendants in the meantime.

In order to prove negligence on the part of a defendant, a plaintiff must show: (1) the defendant owed the victim a duty to exercise a certain level of care, (2) breach of that duty, (3) proximate cause, and (4) actual damages.

The defendant employer appealed the award of aggravated damages given by the deputy judge, arguing that she erred in law when she awarded aggravated damages when there was no finding by the deputy judge that the employer had conducted itself in a manner that was unfair or in bad faith when it terminated Mr. Walker such as to justify an award of aggravated damages; and furthermore, there was no evidence, in any form, to show that the Respondent suffered any actual damages as a result of his termination.

This might be negligence on the part of the company, which might require that actual damages be shown.

To sue a driver for negligence, a plaintiff must show (1) a duty owed, (2) breach of that duty, (3) actual and proximate cause, and (4) damages.

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.

To prove another party's liability for negligence under Maine law, an injured victim must show that (1) the defendant owed the victim a duty of care, (2) the defendant breached that duty, (3) the breach caused the victim's injuries, and (4) the victim suffered actual damages as a result of the defendant's breach.

The plaintiff must be able to show that the defendant owed him or her a reasonable standard of care, which the defendant breached, and that the breach was the actual or proximate cause of the injuries and damages that resulted.

The complainant must show proof of a proximate cause and actual damages.

To establish a private action claim under section 36 of the Act, a private plaintiff must show that a defendant contravened one of the criminal provisions of the Act (e.g., establish all of the elements of a criminal price - fixing conspiracy, criminal misleading advertising, etc.) or breached a Tribunal or court order under the Act and has suffered actual damage or loss as a result of the conduct.

Without showing the difference between the negotiation position truly lost (the «better outcome» that «would have» been accepted) and the position a plaintiff actually obtained, any claim of a causal link to actual damages should be considered speculative.

To claim for negligence arising from property owner's carelessness, the victim must show that the owner or manager had a duty of care towards him or her and that the property owner breached the duty, and that the breach was the actual cause of injuries and those damages arose from the accident.

The chart below shows actual quotes from six insurers for a female California driver with a clean record and liability coverage limits of $ 100,000 per person, $ 300,000 per accident and $ 50,000 for property damage, plus uninsured motorist coverage in the same amounts.