If an employer has any employees driving in the course of employment in the United States, the employer should be very concerned and should be fully aware of
the significant damage awards that have been made in cases involving drivers who were using a hand - operated electronic device at the time of an accident.
While it's often raised, the cases discussed below show that it's typically not something that results in
significant damage awards for successful owners.
There is little doubt that employers and other potential respondents to human rights complaints will be anticipating that
the significant damage awards made in the Kelly and P.N. decisions will be reserved to remedy the most serious acts of discrimination rather than becoming the norm.
There was little evidence of
any significant damages awards until December 2016, when, according to White and Williams LLP, the Beijing IP Court ordered defendant Hengbao Co., Ltd. to pay $ 7.1 million in damages for infringing a single data encryption patent owned by Watchdata System Co. Ltd..
«One factor that will mitigate
a significant damages award in this case is that it appears that the alleged defamatory statements have been retracted and the defendants have published a contemporaneous apology.
You have the potential for a more
significant damage award, but the process will typically be much longer, so you won't see any compensation for some time.
«When you look at what went on in May 2009 and the need these dealers had to be represented, then layer on to it the conflict of interest, it was going to be two trains coming down the same track and that's why there was
a significant damages award made,» says David Sterns, a partner with Sotos LLP in Toronto.
Not exact matches
Although this indemnity product provided some level of comfort to plaintiffs who were not seeking or expecting
significant damages, it offered limited protection to plaintiffs with claims worth hundreds of thousands of dollars because it was very unlikely that any adverse cost
award would exceed the amount of their
damages.
While the
award by the jury is
significant, there have been larger verdicts in medical malpractice cases in Massachusetts, including a 2005 case in which a jury
awarded nearly $ 40 million to the family of a Dracut boy born with severe brain
damage after a traumatic delivery.
The
significant difference between the new «insurance» product and the older «indemnity» product is that it does not require a successful plaintiff to use any part of their
damage award to pay costs before they can access the policy.
In the Court of Appeal's decision, Laskin J.A. reduced the punitive
damages awarded at trial by a
significant amount.
In certain cases, where there has been a
significant departure from the standards of good faith, you may be entitled to an
award of aggravated or punitive
damages.
In the 2003 - 13 data, no
significant difference was found between the frequency of aggravated
damages awards to human (29 % of cases) versus corporate plaintiffs (28 % of cases).
In the 2003 - 13 data, the quantum of
damages awarded in cases involving journalism appears to be greater than in other cases ($ 62,169 versus $ 58,466), but the difference is not statistically
significant (p - value = 0.799).
Another
significant and surprising finding with regard to
damages to corporations is that in the 2003 - 13 data, punitive
damages were
awarded to corporations much more often, and in much higher amounts, than to human plaintiffs.
The Attorney General, 2017 ONSC 1333, the Court allowed an employee's claim against his employer and two superiors for the «tort of harassment» and
awarded significant damages against the defendants as a consequence.
In a judgment delivered last week, Lord Woolman
awarded three grandchildren
significant damages for the death of their grandfather, Russell Stuart.
Punitive
damages are most often
awarded after a fatal accident or an accident that results in a catastrophic injury that will have a long term
significant impact on your life.
In my view, the transfer of non-pecuniary
damages, the label for general
damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a
significant effect on
damage awards, not only in future but also in pending cases.
In Maryland, jury
awards are cut in cases like this — it is unlikely there was
significant economic
damages for the family of this young woman.
The decision to hear a case that reviews whether a patent owner can recover profits lost outside of the U.S. due to infringement under 271 (f) could have
significant consequences on
damages awards.
The court noted that even though 34 weeks had passed before the motion, it was still possible to
award damages for
significant notice and use the trust approach.
If no
significant uncertainty arises, no discount is appropriate and the full amount of
damages should be
awarded.
A claim was brought on behalf of Mr X's estate for an
award of general
damages for his own pain and suffering and loss of amenity prior to his death, past financial losses including a
significant award in respect of the care that had been provided to Mr X by his family over the course of his ill - health, together with funeral expenses and a
significant award for financial and service dependency for his surviving family.
An older decision that resulted in a
significant punitive
damage award is the 1996 decision Mustaji v. Tjin12.
The decision in Gordon v Altus is another example of the noticeable trend in recent years for courts to
award significant punitive
damage awards in situations where an employer has acted in a malicious manner in the way in which in deals with its former employees.
Notwithstanding the reduction in the
damages awarded, the case remains extremely important and will be of
significant influence in subsequent cases considered by Ontario courts.
However, when the collision was caused by a drunk driver, juries take this very seriously and regularly return
significant punitive
damages awards.
The
damages award in this case is
significant considering the immediate acknowledgement and mitigating actions of the employer.
With precedent - setting cases
awarding these
damages, as well as for invasion of privacy, intentional infliction of mental suffering, defamation, loss of reputation, breach of fiduciary duty and even negligence, garden variety dismissals now flirt with becoming
significant lawsuits.
Failure to do so can result in a
significant reduction of your
award of
damages.
In addition to wrongful dismissal
damages, the trial judge
awarded Doyle $ 25,000 in
damages for violations of the Code, finding that Doyle's gender and her sexual harassment complaint were likely the most
significant reasons for her termination.
On February 15, 2017, the Ontario Court of Appeal released Doyle v. Zochem Inc., 2017 ONCA 130, a
significant decision in which the Court affirmed that moral
damages may be
awarded for termination - related employer conduct that is unfair or is in bad faith and which causes the employee mental distress.
[216] The court is cognizant of the fact that a punitive
damages award of $ 3 million may not be particularly
significant to the financial bottom line of a successful worldwide insurance company.
The appellant is a self - represented litigant, who we understand had no fault in the motor vehicle accident and who could reasonably have expected a
significant award of
damages for the injuries he suffered.
In Hosseinzadeh there was
significant pain to the point of rendering the plaintiff immobile for days at a time (at para. 103) and
damages of $ 125,000 were
awarded.
[134] Aggravated
damages are not in order, but given the seriousness of the allegations and the extent of the harm suffered, a
significant award of general
damages is.
Just as the Court of Appeal for Ontario's decision in Rosenhek gathered widespread attention for demonstrating that loss of income
damages for the wrongful revocation of privileges could reach the heights of $ 3 million, the Horne case illustrates that
damages for loss of reputation or career can also form a
significant civil
damages award.
However, in 2008 in Honda Canada the Supreme Court of Canada made
significant changes to the way
damages for bad faith dismissal are
awarded.
In a homeowners» fire case, she obtained a
significant jury verdict for an insurance company client, including a finding of fraud on the part of the policyholder and a $ 330,000
damages award for her client, a verdict which was affirmed by the Second Circuit Court of Appeals.
If any of the rules applied to the farming vehicle and were not followed, this may represent a valid case for negligence and convince an insurance company or jury to
award more
significant compensation for your injuries or
damages.
Lastly, there are also
significant caps on
damages that can be
awarded in claims against the government.
In my view, the transfer of non-pecuniary
damages, the label for general
damages for pain and suffering, and related loss of amenities, to the general calculation formula for PJI, will have a
significant effect on
damage awards,... Read More
The employee could then ask a jury of her peers to
award her a
significant general
damage award (potentially much greater than $ 150,000.00).
Recently, I wrote about how courts are recognizing the effects of personal and psychological harassment in the workplace and
awarding tormented employees with
significant damages for mental distress.
At what point does the franchisee have a right to claim that the effect of the change has a
significant effect on its overall profits and that therefore the change should not be imposed or
damages should be
awarded as a result?
The most
significant recent development in punitive
damages awards in the context of employment law is the willingness of judges and juries to
award significantly higher
damage awards than in the past.
However, Will says
significant aggravated
damages awards are still likely to be appealed by insurers.
Some personal injury lawyers have been tracking the
significant discrepancy in
damages awards between provinces.
On these findings, which also are not challenged on appeal, a
significant aggravated
damages award was clearly justified.