Sentences with phrase «with punitive damage awards»

Not exact matches

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.

Netflix's latest documentary, Nobody Speak: Trials of the Free Press, was often colloquially referred to as the «Hulk Hogan» documentary which led many to believe that the sole focus of the film would center on the wrestler's legal entanglement with Gawker — which ultimately led to the news portal being bankrupted and shuttered after a Florida judge awarded Hogan $ 115 million in punitive damages.

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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).

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.

672, 596 A. 2d 687 (1991), the court nevertheless declined to «interpret Haslip to hold that an award of punitive damages, to comport with the requirements of the Due Process Clause, always must be subject to a form of post-verdict or appellate review that includes the possibility of remittitur.»

In the case before us today we are not directly concerned with the character of the standard that will identify unconstitutionally excessive awards; rather, we are confronted with the question of what procedures are necessary to ensure that punitive damages are not imposed in an arbitrary manner.

We granted certiorari, 510 U. S. 1068 (1994), to consider whether Oregon's limited judicial review of the size of punitive damages awards is consistent with our decision in Has lip.

With an award of $ 5 million in punitive damages, the jury evidently sought to punish the owner of the...

However, you may be entitled to an award of punitive damages if the defendant acted with malice, fraud, or oppression.

«There are already some insurers that have been hit with two or three punitive damages awards.

In the 2003 - 13 data, punitive damages were awarded to human plaintiffs 20 % of the time (in 28/143 cases) with an average award of $ 6,593.

Thus far I have been considering only total damages awards, but some interesting trends are worth noting with regard to general, aggravated, punitive and special damages.

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.

According to the jury, punitive damages were awarded because the big rig driver was provided with inadequate training and the transport company that operated the truck had a history of safety violations.

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.»

Punitive damages may be awarded when the behavior of the person that injured the victim was willful or with a reckless disregard for the high likelihood of harm.

Kwinter helped secure the largest jury award in the province's history for punitive damages against an insurer in the 2006 case Pereira v. Hamilton Township Farmers» Mutual Fire Insurance Co., with his clients ordered to receive $ 2.5 million.

With the help of her Illinois injury attorney, Dora Jablonski was awarded $ 23 million for her own injuries, $ 5 million for wrongful death of her husband and $ 15 million in punitive damages.

If a case does, in fact, qualify for punitive damages, the jury will award punitive damages in accordance with the jury instructions.

Punitive damages may be awarded when the behavior of the person that injured the victim was fraudulent, malicious, oppressive, or with reckless disregard of the high likelihood of harm.

To the degree profit disgorgement were to be ordered without a corresponding loss, the award would arguably conflict with Canada's rules limiting punitive damages [see Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595, 2002 SCC 18].

The mammoth statutory damages award, coupled with the levy of punitive damages, sends a strong signal that Canadian courts are willing to protect and enforce owners» rights and punish those who take steps to circumvent these protective measures.

With this decison, the Ontario Court of Appeal specifically acknowledged the appropriateness of punitive damages awards against employers who discriminate, harass or fail to accommodate disabled employees.

Punitive damages were awarded in the amount of $ 25,000 because the Bank's conduct found to be was oppressive and high - handed when it blacklisted the plaintiff's relatives and in unlawfully and improperly deducted funds from the plaintiff's account with another bank in respect of her outstanding loans from the Bank.

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.

If you are involved in an accident with a drunk driver you should be entitled to an award of punitive damages even if you only incur property damage and certainly if there are personal injuries involved.

For the record, I am comfortable with some judicial regulation of extreme punitive damages awards.

Altus Group Ltd. now faces the prospect of not only paying a $ 100,000.00 punitive damage award, wrongful dismissal damages and Gordon's legal costs but also dealing with the reputational damage of having been publicly punished for having engaged in a highly unethical business practice.

The availability of an increased punitive damage award in a wrongful dismissal action because of a bad faith employer policy was recognized in Hodson v. Canadian Imperial Bank of Commerce.2 The Divisional Court considered an appeal of an order striking paragraphs in the plaintiff's statement of claim that alleged that the Bank had an ongoing corporate strategy of terminating employees for cause to avoid having to provide unwanted employees with a severance package.

The punitive damage award was knocked back to $ 5 million, still leaving the plaintiff with a nearly $ 18 million verdict.

The judge ordered the defendants to pay the legal costs incurred by Senator Enverga, along with the general and aggravated damages and punitive damages awarded, thus bringing the total amount to which the Senator is entitled to $ 340,000 plus pre-judgment interest.

Suffice to say, the jury was not happy with Exxon, awarding $ 12 million in compensatory damages, $ 12.5 million in punitive damages and nearly a half a million in medical damages.

If one of the drivers acted with extreme recklessness or malice, punitive damages may also be awarded.

Category I punitive damages may be awarded when the behavior of the person that injured the victim was with reckless disregard to the likelihood of harm.

Taking a case completely to trial is often done in only the most egregious accident cases because it gives a sympathetic jury an opportunity to award punitive damages along with compensatory claims, especially when an accident involved a drunk driver or speeding driver or a commercial vehicle.

Most U.S. states allow for an award of punitive damages in connection with an intentional tort (statutes of limitations and pre-judgment interest award rules vary greatly).

With regard to remedies, the analytics show that punitive damages were awarded in only 192 employment cases and attorneys» fees in just 437 cases.

Justice Stinson awarded $ 50,000 in compensatory damages, $ 25,000 in aggravated damages and a further $ 25,000 in punitive damages along with interest and costs.

Fortunately, the CADA amendments will provide caps on compensatory and punitive damage awards (also similar to Title VII, and incorporating the limits of Title VII for employers with 15 or more employees):

He made this decision based on the fact that the insurer had denied the benefits for six years in order to delay payment to take advantage of the insured's economic vulnerability.5 Moreover, the claims advisor for the defendant took an adversarial approach and did not deal with the claim fairly and in a balanced way.6 As such, the insurer was deemed to have acted in bad faith and the plaintiff was awarded $ 200,000 in punitive damages.

The Ontario Court of Appeal did not interfere with the decision of the trial judge to award punitive damages.

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.

Of course, punitive damages are typically awarded with compensatory damages for the actual losses suffered by the person who died, his or her estate, and his or her loved ones.

Say you've been awarded punitive damages: the state will take 70 % of that, and your lawyer will usually get about 20 %, leaving you with only 10 %.

Now businesses can face lawsuits with unlimited punitive damages and civil injury lawsuits after the Missouri Supreme Court struck down a $ 500,000 limit on awards in September 2014, two years after striking down other limits for medical - malpractice awards.

The jury had decided the case in favor of plaintiff, who alleged negligence, negligence per se and intentional infliction of emotional distress, concluding also that defendant nursing home had acted with reckless disregard for the rights of others, resulting in a $ 10,000 punitive damage award tacked onto the $ 1.2 million in compensatory damages.

Of note with respect to the issue of damages is that the court declined to award punitive damages, notwithstanding Justice Boswell's finding, in paragraph 23 of his reasons for decision, that, «Mr. Dewji's conduct, as the sole director and officer of the defendant corporations, was oppressive, high - handed, callous and unfairly prejudicial to the rights and interests of the plaintiffs.»

A judge or jury will typically award punitive damages if the defendant acted with fraud, malice, or willful or wanton misconduct.

If they acted with oppression, fraud, or malice, you may be entitled to recover an award of punitive damages.