Sentences with phrase «statutory damages amount»

If the relevant consumer protection law has a minimum $ 5,000 statutory damages amount for some claims covered by the clause, this clause would prevent it from being invalidated, while allowing the merchant to still have access to the consumer unfriendly arbitration forum in which class action lawsuits are probably also barred while class action lawsuits would not be in court.

As such, the maximum statutory damage amount is necessitated to deter the future conduct of Defendant Allen and others.»

Not exact matches

In his order, Judge Donato wrote: «Facebook seems to believe... statutory damages could amount to billions of dollars.»

Whether there will be some limit to statutory damage enforcement will be an interesting element of the Facebook case — though the defendant hasn't anywhere near the resources to pay the full amount anyway, apparently.

By order dated July 14, 2014, the motion judge, the Honourable Justice Martin S. James of the Ontario Superior Court of Justice sitting at Ottawa, granted Mr. Arnone's motion for summary judgment and ordered Best Theratronics to pay (i) damages equal to the gross amount of the salary Arnone would have earned until he qualified for an unreduced pension, less payments made to him to satisfy the statutory obligations of the employer, (ii) $ 65,000 representing the present value of the loss of an unreduced pension, (iii) a retirement allowance equal to 30 weeks» pay, and (iv) costs totaling $ 52,280.09.

Statutory damages are damages awarded based on a fixed amount set by law.

If you get sued they do not need to demonstrate financial loss - copyright claims can either be pursued for actual or statutory damages, that is, a fixed amount per violation.

The total damages amount in the first case ($ 929 million after two trials, but prior to the appeal, which Samsung filed last week) was $ 929 million, but the bulk of that was related to design patents and trade dress, i.e., intellectual property rights for which U.S. statutory law explicitly allows damages theories (disgorgement of infringer's profits) that are legally unavailable for utility (i.e., technical) patents.

For amounts in excess of statutory minimums, if the employer agrees to pay the employee reasonable notice and continue benefit contributions for an equivalent period of time, then the employee has no losses or damages, and therefore may be required to accept salary continuance.

The magistrate judge recommended partially granting plaintiff's motion for default judgment and awarding statutory damages in the amount of $ 5,000.»

This is an outrageous amount of money in the circumstances, and so Justice Conway used her judicial discretion, provided for in s. 38.1 (5), to lower the amount of the statutory damages award.

Courts will be entitled to order violators to pay applicants an amount equal to the actual loss or damage suffered or expenses incurred by the applicant, plus additional statutory damages up to a maximum of:

The amount of statutory damages to be awarded is to be based on, among other things, the need to deter other infringements of the copyright in question.

, is interesting mainly for the amount of statutory damages awarded.