Sentences with phrase «than punitive damages»

In the right case, with a proper amount of evidence to prove the need for punitive damages, such a means makes sense, but most injured people are better off seeking only «economic» or «non-economic» damages rather than punitive damages.

Not exact matches

The payment includes $ 1 million in compensatory damages, $ 2.9 million in punitive damages and more than...

Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys» fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have damages multiplied or increased.

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.»

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.

The damages awarded may not be less than the amount paid by the buyer to the credit services organization and may include punitive damages.

The plaintiffs seek more than $ 20 million for fraud, breach of the franchise agreement, and negligence as well as punitive damages and attorney's fees.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

Any misuse of the sellers / breeders bloodlines could result in irreparable damage to that reputation, therefore should a puppy that was sold as a pet or with conditional breeding rights be utilized for breeding in a program other than outlined in this agreement, EQ Bostons will take legal action including repossession of the dog, recovery of punitive damages and recovery of all expenses associated in remedying the breach of contract including but not limited to: Attorney's fees, transportation, unpaid wages, shipping, and vet expenses.

According to Victoria Stilwell — a passionate advocate for positive reinforcement dog training methods and Editor - in - Chief of Positively.com — «punitive, dominance - based training techniques... often result in «quick fixes» but ultimately cause more long - term harm than good while damaging the owner - dog relationship.»

The South Bend, Ind., company said it wants compensatory, punitive and triple damages from Activision, after more than a year of communications failed to end the dispute.

IN ANY SUCH DISPUTE, PARTICIPANT SHALL NOT BE ENTITLED TO ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS» FEES, OR ANY DAMAGES OTHER THAN PARTICIPANT»S ACTUAL OUT - OF - POCKET EXPENSES (IF ANY) ASSOCIATED WITH PARTICIPATING IN THE CONTEST.

Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney's fees, other than participant's actual out - of - pocket expenses (i.e. costs associated with entering this Campaign).

The judgment further deals with some miscellanea such as the punitive character the damages may thus obtain in view of the fact that the cartelists will be made to pay for more than they have benefitted from the cartel.

Canadian courts have so far enforced US judgments with damage awards far larger than the value of the transaction — though none (so far as I know) with a really astronomical jury - chosen punitive element.

As a result, punitive damages focus on the defendant's conduct, rather than the injuries suffered by the plaintiff.

timely responses to communications by email and telephone timely production of documents especially medical counsel for plaintiffs advising their clients about early settlement and realistic expectations counsel for defendants advising their clients to attend mediations with sufficient settlement authority expertise in a particular area of law posturing and egotism on both sides claims for punitive damages where none are warranted under law preparation for significant events such as examinations for discovery and motions accountability for the consequences of steps taken or delayed unnecessary or defensive crossclaims and third party claims by defence counsel regional differences (some local bars are more collegial than others)

In Pennsylvania, courts may also award punitive damages, which punish the at - fault party, rather than compensate the victim.

It points to the analysis of an amicus showing that the average punitive damages award in a products liability case in Oregon is less than the national average.

In 2008, the Court took this concept even further, holding that an award of punitive damages higher than the compensatory damages award would make punitive damages too «unpredictable» for corporations.

However, the number and quantum of punitive damages awards is significantly higher in the 2003 - 13 cases where the plaintiff was a corporation than where the plaintiff was a natural person.

The study shows that punitive damages are awarded to corporations more often than to human plaintiffs, and in higher amounts.

There is, of course, the possibility of other damages, such as emotional distress and punitive damages, but even punitive damages are often limited by law or by the judge to thousands, rather than millions.

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.

Ohio set a limit on punitive damages in 2005 that the amount could not be more than two times the amount of compensatory damages.

Defended a market - leading insurer in a Massachusetts direct action in which the injured plaintiffs sought more than $ 40 million in punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

In Idaho, punitive damages must not be greater than $ 250,000 or three times compensatory damages.

Punitive damages are allowed if a person can show something more than negligence.

They differ from the general and specific damages, because rather than make the plaintiff whole, the punitive damages are put in place as a deterrent and warning to the defendant.

It is defined differently in different states and jurisdictions, however, most jurisdiction, including California define the civil lawsuit proof standard as «by a preponderance of the evidence» for most types of claims and, the slightly higher standard of «clear and convincing evidence» for claims for punitive damages (damages meant to punish the defendant rather than just compensate the victim).

For example, Mr. Klamann was lead counsel in a commodities churning case which was tried to a $ 700,000 punitive damages verdict, a securities fraud case which produced a seven - figure confession of judgment involving a Real Estate Investment Trust (REIT), a successful consolidated case of more than 140 plaintiff investors in varying combinations of six commercial real estate syndications, several individual securities churning cases, a fraudulent energy conservation limited partnership of 75 investor / plaintiffs, a successful consolidated case involving 124 investors in forty diverse limited partnerships, and a successful case involving scores of investor / plaintiffs in a series of fraudulent oil and gas limited partnerships.

Punitive damages are awarded to punish a defendant for intentional or malicious conduct, rather than to compensate a plaintiff.

Even in cases with medical bills totaling less than $ 3,000.00, I have been able to recover the $ 25,000.00 policy limits because of the punitive damages aspect of the case.

If the alleged corporate strategy is proved, the fact that the Defendant may have «profited» from such conduct may give rise to substantially higher punitive damages than would otherwise be the case.

In 2013, Johnson & Johnson was ordered to pay $ 11.1 million in compensatory and punitive damages to a woman who said Ethicon's Prolift vaginal mesh device caused her severe pain and unable to sit for more than 20 minutes at a time.

Despite the magnitude of the $ 750,000.00 award, employers should note that as a large company, Wal - Mart can be expected to face higher moral and punitive damages than a smaller company would for the same behaviour.

Because their objective is to punish the defendant rather than compensate a plaintiff (whose just compensation will already have been assessed), punitive damages straddle the frontier between civil law (compensation) and criminal law (punishment).

This means that if a jury awards $ 100,000 to a plaintiff for economic damages, it can not order more than $ 100,000 in punitive damages.

But, extreme awards drive up the costs of litigation and produce pressure on corporations to settle weak cases rather than run the risk of out - of - whack punitive damages.

In Nevada, punitive damages are limited to a maximum of either $ 300,000 if the amount of compensatory damages is less than $ 100,000 or three times compensatory damages if the amount of compensatory damages is $ 100,000 or more.

The Philadelphia Inquirer reported Glunk filed for an appeal to the Pennsylvania Superior Court, but a three - judge panel affirmed the jury's award of more than $ 20 million to the Fleddermans, which included $ 15 million in punitive damages.

Representation of a major international insurer in a Massachusetts statutory bad faith action in which the injured plaintiffs sought more than $ 40 million in compensatory and punitive damages against our client (primary insurer on business auto policy) for its alleged failure to promptly settle a catastrophic personal injury claim.

This conscious decision may cost Johnson & Johnson more than $ 300 million in punitive damages.

Finally, punitive damages are warranted in some personal injury cases, and, rather than being meant to make the plaintiff whole again, punitive damages are meant to punish the defendant for particularly willful or negligent behavior, deterring this type of behavior in the future.

The Court said that any punitive damages award higher than this was «excessive and arbitrary» in violation of the Fourteenth Amendment's due process clause.

Punitive damages — Punitive damages are damages awarded with the intent to punish the person or company that caused the damage rather than compensate the injured victim.

For more than two decades, Greg Varga has focused his practice on representing insurance companies nationally in complex insurance coverage litigation, in lawsuits seeking punitive damages and other extracontractual remedies, and in other corporate litigation.

The jury awarded more than $ 30 million in compensatory damages for the six plaintiffs and more than $ 1billion in punitive damages.

In Connecticut, punitive damages typically can not be greater than the cost of litigation; but in the case of products liability, it can be up to two times compensatory damages.

However, punitive damages are available in very limited situations wherein the court determines that the defendant's actions amounted to more than a mere accident and were actually intentional or extremely reckless in nature.