Sentences with phrase «with statutory damages»

TILA provides for a private right of action, with statutory damages for some violations, whereas RESPA does not provide a private right of action related to the RESPA GFE and RESPA settlement statement requirements.

A court has wide discretion in awarding damages for infringement, with statutory damages ranging from $ 750 to $ 30,000 per work.

The government should repeal provisions of the Copyright Act that allow labels to unfairly punish fans who share music for non-commercial purposes with statutory damages of $ 500 to $ 20,000 per song.

Not exact matches

With a registered copyright, you're entitled to claim not only actual damages, but statutory damages and attorneys» fees as well.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $ 50.

This consent order involves violations by the foreign air carrier Emirates of Articles 17 and 19 of the Montreal Convention1 and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712, in connection with monetary claims resulting from damage, loss, or delay to baggage checked on Emirates» flights to or from the United States.

Brite had sued in a Texas county court, a court of limited jurisdiction that lacks authority to hear cases with a value in excess of $ 100,000, excluding interest, statutory or punitive damages and attorney fees, as alleged on the face of the petition.

With the strength of insurance companies and statutory damages caps, medical malpractice cases tend to favor defendants.

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.

If you're dealing with harassing and / or abusive debt collectors, you may be entitled to up to $ 1,000 in statutory damages, actual damages, and your reasonable attorneys» fees and costs.

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.

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.

I think it is fair to say that with respect to pain and suffering, you have to value a leg amputation case in Maryland on damages as the statutory cap on damages plus Plaintiff's economic expenses.

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.

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.

The claimants were advised of the risks of proceeding with legal aid, including the possibility of a subsequent withdrawal of public funding or application of the statutory charge, but were not informed that by entering into a pre-LASPO CFA they would be ineligible to receive the 10 % increase on their general damages provided for in Simmons v Castle, [2012] EWCA Civ 1288 CA, [2012] All ER (D) 90 (Oct).

The Judge stated at [41] «Nor do I think it is fair to draw the inference that the appellant made this calculation, namely «let's win in the Employment Tribunal, maintain before the Employment Tribunal that my claim for damages is surely unlimited as to time, pocket those damages calculated on that basis and then come back to the High Court in due course and see how far we get with the statutory appeal».

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 NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of «voluntarily» remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the policyholder.

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

The TCPA, originally intended to provide «Joe Q citizen» with the ability to seek relief in small claims courts for violations of its prohibitions on certain calls (such as prerecorded calls and faxed advertising), has become a favorite of the plaintiffs» class action bar due to its generous statutory damages.

The technical community is following such cases with both interest and trepidation, as we expected suits against individuals to be rare, and limited to $ 100 to $ 5,000 statutory damages by the recently enacted Bill C - 11.

The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of «voluntarily» remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...

Statutory damages are calculated by considering the value of the building with the tenant benefiting from security of tenure and without such security of tenure.

One small positive note is that a court will not be allowed to award the statutory damages described above for CASL violations if the person has entered into an undertaking with the CRTC or been served with a notice of violation by the CRTC regarding the same conduct.

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.

The plaintiff and legal team seeks injunctive and declaratory relief; statutory damages; exemplary and punitive damages; pre-judgment and post-judgment interest; and reasonable attorneys» fees, costs, and expenses associated with this action.

Given that statutory damages are as high as $ 150,000 per infringed work, compliance with the DMCA is a crucial risk management strategy for members.

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.