Sentences with phrase «where damage awards»

Another interesting twist is where damage awards emerge in the context of a personal injury claim.

Where the damages awarded after a long trial are modest, it is possible for the adverse cost award to exceed the amount of damages, meaning that the plaintiff's personal assets are at risk.

The court explained that, while it is not always appropriate for a judge to override the jury, in instances where the damages award is shockingly low or high, the trial judge is in a position to adjust the total award amount.

I think there may well be cases where a damage award may be constitutionally flawed, but this is not one of them.

Not exact matches

To the extent permitted by law, we are not liable for any loss (including indirect and consequential loss) or damage or personal injury suffered or sustained in connection with the Awards including the supply of goods or services by any person to you, and where applicable to any persons accompanying you.

She went on to award damages of about $ 100 per member of the bargaining unit — and ordered that «a full copy of this decision [be posted] throughout all workplaces of the employer to which the collective agreement applies, in conspicuous locations, where it is most likely to come to the attention of the employees in the bargaining unit, for a period of no less than 60 days.»

Where Court awarded 10 million Naira damage to me that police is yet to pay.

But a large area in the middle where the cost of preventing it is unlike to be recouped in any damages awarded.

Are you thinking of some really nasty situation where (I don't know) punitive damages were awarded in a car case?

As a port of the DS game of the same name, awarded the IGN Strategy Game of the Year award in 2009, the main story takes place on a node - based board, but the real action unfolds on the battlefield where you and your army of creatures attempt to break through the enemy creatures and do damage to the enemy's end zone.

It is that general damages for distress are awarded in only two situations (i) where the claimant has suffered damage, presumably financial loss, and (ii) where the personal data have been processed for artistic purposes, literary purposes or the purposes of journalism.

If we continue the aforementioned example where $ 24,000 compensatory damages were awarded, punitive damages could not exceed $ 120,000.

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.

A typical example of forum shopping, according to Black's Law Dictionary, is where the plaintiff institutes a suit in the jurisdiction with a reputation for awarding high damages, disdain for political gimmicks or filing several similar suits and keeping the one with the preferred Judge.

I have acted on a number of serious injury cases where I have made an application to the court that have been granted for an award of provisional damages.

This would appear to be borne out by the statistics; of those cases where court proceedings were issued, 76 % were later settled with an award of damages to the Claimant.

One United States District Court found that an award for consequential damages was within the submission to arbitrate even though consequential damages were explicitly precluded by the terms of the underlying contract, in circumstances where consequential damages were included in the terms of reference and a reasoned award by the arbitral tribunal justified their application.823

Where the sheriff has thought the claimant was perhaps exaggerating the extent of the injury this has impacted on the level of damages and a smaller award has been made.

Punitive damages are awarded in cases where willful negligence was present.

However, if it is just more of an issue on principle, these cases can always be fought in small claims court where the award of damages would be a lot lower.

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.

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 results of some of my cases (where a Markman hearing has occurred) are on the lists of top patent litigation damages awards of all time.

Thus, the damages award was more than twice as high where the impugned publication was journalism than where it was not.

A recent Supreme Court of British Columbia decision reveals that an award for aggravated and / or punitive damages is not automatic where termination for cause is not justified and upheld by the court.

As seen in this case, steep awards of aggravated and / or punitive damages can possibly be avoided where an employer conducts itself in a fair manner when it comes to employee investigations and terminations.

By contrast, the second sentence, which applies only where the order has been carried out improperly, commits the applicant to comply with any order for damages the court may make, including, possibly, an award of exemplary damages.

Lilly did not owe Apotex an equitable duty, nor is this case akin to the «exceptional» breach of contract cases where courts award restitution damages to a plaintiff in order to prevent a defendant from exploiting a bilateral agreement to its advantage.

Jim has also acted in a number of cases which have resulted in developments in the law (e.g. Delaney v McGregor Construction where Jim's client was awarded a new category of damages for future earnings losses).

Therefore, punitive damages are «recoverable for a tort committed in connection with, but independently of, the breach of contract, where the essentials of the award of such damages are otherwise present, the allowance of such damages being for the tort and not for the breach of contract.»

In cases where the company is guilty of extreme wrongdoing, juries or insurance companies may also award the victim punitive damages, which can be substantial.

Punitive damages: Can be awarded in some personal injury cases where the negligent party's conduct was particularly reckless.

Rejecting the company's argument that where pregnancy is not a factor in the dismissal, it should not be a factor in calculating damages, the court awarded Harris an additional two months» severance, concluding she deserved more than a non-pregnant employee would receive.

Damages could also be awarded in cases where a judge determines that a proceeding was started in bad faith or for an improper purpose.

Where a defendant has intentionally injured another, additional damages may be awarded to punish the wrongdoer.

This is in direct contrast to the US procedure, where parties falling within the same class do not have to participate in the litigation in order to be entitled to share the damages awarded, ie there is an automatic opt - in, though claimants can of course opt out of the proceedings.

Consider bringing any action in the Small Claims Court where matters are disposed of with less cost and delay: Damages of up to $ 25,000 may be awarded and vindication may still be achieved through the Judgment of the Court.

In a case with a slightly unusual fact pattern where reasons for judgement were released today, a Plaintiff was awarded nearly $ 90,000 in damages as a result of a July, 2005 motor vehicle collision in Nanaimo, BC.

Where an uninsured driver causes injuries to another person, the driver will not be able to call upon the auto insurance carrier to defend against any resulting lawsuits, or to pay any settlement or award of damages resulting from litigation.

Compensatory and punitive damages in appropriate cases Judge's should be encouraged to award compensatory damages in successful applications where damages are proven.

If so, the Commission may recommend that a hearing be held where an adjudicator can award damages or other remedies if discrimination is proven.

In light of the above principles and, in particular, the ability of judges to award damages resulting from flawed investigations, employers need to remain live to those circumstances where not only is an investigation required, but where they would benefit from retaining external counsel to conduct such an investigation, as a way to mitigate against the risk of performing a flawed investigation.

Punitive damages are also subject to caps and are only awarded in rare circumstances where the defendant's actions are so egregious that such punishment is warranted.

Financial compensation is generally awarded in cases where the victim has sustained property damage, personal injury or emotional pain and suffering as a result of the traumatic experience.

For example, in a case where it is shown that a nursing home engaged in malicious or reckless conduct, punitive damages may be awarded.

In other words, the Moran Report did not recommend an award of punitive damages in every case where the defendant was able to succeed on a motion to dismiss.

And in this case, where the modest damages and 95 % of the huge costs will be borne presumably by the management company (unless their solicitors ran the defence on a conditional fee arrangement), the claimant will theoretically end up paying a percentage of the costs award herself out of her share of the management fund, added to which inter-lessee relations will hardly have been improved by this appreciable charge to the fund to which all must contribute.

These are areas of practice where the risk and cost of obtaining recovery at trial is not commensurate with the damages award.

Punitive damages are awarded in especially serious cases where a defendant exhibited extreme negligence or recklessness and are meant to deter similar behavior in the future.

While still far below the multi-million dollar awards in the United States, there are now several decisions of the Ontario Court of Appeal and British Columbia Court of Appeal where the employee has been awarded six - figure punitive damage awards for particularly egregious acts of the employer.