Sentences with phrase «statutory damages laws»

The national law firm of Watts Guerra can work with you to help collect what you're owed under statutory damages laws.

If you're facing a breach of contract covered by statutory damages laws, speaking to an experienced attorney is your best course of action.

If you have a contract with the Federal government, are a provider entitled to Medicare or Medicaid payments, or have any other relationship which is covered under the Prompt Payment Act or other statutory damages laws, you may be entitled to damages when the other party fails to live up to the contract.

If you've been harmed due to a breach of contract covered by statutory damages law, contact us online or call us at [phone].

Not exact matches

The plaintiffs «generally... assert a variety of common law and statutory claims seeking monetary damages, injunctive relief, and other related relief.»

The AG, Maura Healey, is asking for statutory damages under Massachusetts consumer and data security law on behalf of every state resident whose private information was exposed when hackers broke into Equifax's systems — regardless of wheth

It basically states that if a collection company breaks this law, then the consumer would be entitled to a statutory award of up to $ 1000 dollars plus legal fees and damages!

Evidence such as collection letters, loan / lease agreements, documents which authorize automatic payments, credit reports, dispute letters, voicemail messages, and / or any other files related to consumer situations are all very ripe for violations of consumer laws that provide these «statutory damages» to consumers.

But, other consumer protection laws make false statements actionable, even if there is no reliance upon the statement or harm caused, in which case statutory damages might be recoverable.

This is obviously a different standard and each case should be looked at under its specific facts to determine whether it falls under a statutory punitive damages claim or a common - law punitive damages claim.

Our litigation and trial lawyers are experienced with the common and statutory laws involving the prospective liability of manufacturers, distributors, and sellers of products to purchasers, users, and bystanders for personal injury and property damage caused by alleged defects in those products.

While the statutory cap on compensation for unfair dismissal has crept upwards (it is now # 63,500) the rules governing the award of damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the general principles of contract law.

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

That is the range of statutory damages allowed under federal law for copyright infringement.

He contends that the copyright law's statutory damages provision is unconstitutional in that it authorizes damages that are grossly in excess of any actual damages to the copyright holder.

We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated.

There was no existing authority (whether statutory or at common law) to justify exemplary damages in context and, indeed, it would fail the tests of necessity and proportionality.

The public trust doctrine has not been widely discussed in Canadian case law with the only significant mention being by the Supreme Court of Canada in British Columbia v. Canadian Forest Products Ltd., 2004 SCC 38 at para. 74 where Binnie J. acknowledged that «The notion that there are public rights in the environment that reside in the Crown has deep roots in the common law» (however, the majority decision ultimately took a conservative approach to not allow the Crown to succeed in a general claim for damages for «environmental loss» [caused by a negligently undetected controlled burn of slashing and other waste by a logging company] in the absence of a statutory scheme permitting such a claim).

Copyright law's allocation of statutory damages proved harsh in this case, with the jury deciding to award $ 9,250 per song, when it could have gone as low as $ 750.

We are also well - versed with state and federal laws governing intellectual property, and will aggressively seek all remedies available under appropriate statutes, including statutory damages.

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.

On the other hand, the common law tort requires some proof of damages whereas the statutory tort does not.

The nature and extent of recoverable damages are assessed by the Courts on a case - by - case basis, except for rare cases where statutory damages are permitted by law (for ex.

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.

Mistrale Goudreau and Joao Velloso have written an interesting article on statutory damages in the recently published book Intellectual Property Law for the 21st Century: Interdisciplinary Approaches.

Maria Pallante, the Register of Copyright, has indicated that while statutory damages «have long been an important part of copyright law to ensure that copyright owners are compensated for infringement,... where actual damages are unworkable,» there may be «plenty to do on the edges» to harmonize damages awards against individuals.

In this program, we engage Nesson's key arguments, focusing especially on Nesson's claim that copyright law's statutory damages regime runs afoul of constitutional protections against excessive and / or arbitrary civil damages awards.

Because English law does not recognise a claim for damages for breach of a public law right as such, a claimant who wishes to recover compensation for economic losses allegedly suffered as a result of a breach of statutory duty by a public authority must satisfy the court that the statute in question confers on him a private law cause of action.

Thus, a majority were of the view that the existence of the statutory scheme would not foreclose a common law claim for damages for the manner of dismissal if that was contrary to the intention of the parties.

Under the general principles of common law, if you hire an appraiser, and there is no contractual or statutory waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.

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Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract

Finally, a new federal law, The Anti-Cybersquatting Consumer Protection Act, provides courts with new powers to cancel and transfer domain names, impose stiff statutory and other damages, and award attorneys» fees.