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| | Damages - Wikipedia, the free encyclopedia |
 | | In the United States punitive damages awards are subject to the limitations imposed by the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution. | | | Compensatory damages are damages awarded for civil cases. | | | Generally, punitive damages, which are termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. |
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http://en.wikipedia.org/wiki/Damages
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| | DAMAGES - LoveToKnow Article on DAMAGES |
| | Breaches of trust are in a sense distinct from breaches of contract, as they fell under the jurisdiction of courts of equity and not of the common law courts. | | | The damage to be awarded must be that fairly and naturally arising from the breach under ordinary circumstances or the special circumstances of the particular contract, or in other words, which may reasonably be supposed to have been in the contemplation of the parties at the time of making the contract. | | | The law imposes or implies a term that upon breach of contract damages must be paid. |
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http://7.1911encyclopedia.org/D/DA/DAMAGES.htm
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| | Enforcement Guidance: Compensatory and Punitive Damages |
| | The court determined that this conduct warranted punitive damages. | | | Damages are authorized only in cases of intentional discrimination and are therefore not available where the charge alleges that neutral employment practices have an adverse impact. | | | A. Compensatory Damages Compensatory damages are awarded to compensate a complaining party for losses or suffering inflicted due to the discriminatory act or conduct. |
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http://www.eeoc.gov/policy/docs/damages.html
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| | Stigma Damages |
| | Damages for the latter are generally confined to the three year period prior to the filing or trial of the lawsuit, and permanent damages are not available. | | | One of the most common objections voiced to the concept of stigma damages is that it is improper to compensate for "irrational fears." A number of jurisdictions have rules that "mere fears of injury cannot be compensated." Willsey v. | | | The most compelling case for the broadest allowance of stigma damages is in the context of fraud claims. |
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http://www.rbeerslaw.com/stigma.html
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| | Damages - Wex |
| | Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right. | | | There are other modifying terms placed in front of the word damages like "liquidated damages," (contractually established damages) and "nominal damages" (where the court awards a nominal amount such as one dollar). | | | It is generally recognized, for instance, that punitive damages are not available for breaches of contract except when it is proven that the breach was wanton, willful and deliberate. |
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http://www.law.cornell.edu/topics/damages.html
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| | Insurability of Punitive Damages: Jurisdictional Analysis |
| | Vicariously assessed punitive damages are insurable in Minnesota. | | | Coverage for punitive damages was held to be available to the partnership for acts committed by Malanga as long as the acts were not authorized by the partnership. | | | Alabama courts have held that directly assessed punitive damages are insurable. |
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http://www.mcandl.com/puni_states.html
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| | general damages - Columbia Encyclopedia article about general damages |
| | While the ordinary object of damages is simply to compensate the injured party to the extent of the injury, where there was fraud or deliberate wrongdoing, exemplary or punitive damages may be allowed. | | | Damages are the form of legal redress most commonly sought. | | | With a few exceptions, English courts of law traditionally afforded only this remedy, while the grant of damages in courts of equity equity, principles of justice originally developed by the English chancellor. |
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http://columbia.thefreedictionary.com/general+damages
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| | Medical Malpractice Damages-Taxes |
| | You asked whether damages in a medical malpractice case are taxable under state or federal law. | | | It does not appear that damages resulting from a physical injury are taxable under either state or federal law with the following two exceptions- punitive damages and interest on any damage award. | | | Although the Connecticut income tax law contains some exclusions that the federal law does not, attorney Stacey Pavano of the Department of Revenue Services advised us that with respect to damages from medical malpractice and other personal injury cases, state and federal law are the same. |
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http://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-R-0792.htm
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| | ATRA :: Punitive Damages Reform |
| | Punitive damages are not normal civil or tort law damages. | | | Despite evidence of punitive damages awards on the rise, opponents of punitive damages reform have argued that changes in the law are not needed, because headlinegrabbing awards are often reduced on appeal. | | | Punitive damages reforms are needed in this country to rein in punitive damages “run wild,” and to curb the alarming trend of jackpot justice. |
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http://www.atra.org/show/7343
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| | Damages -- Medical Malpractice |
| | Under this rule, the purpose of an award of damages is not to punish or penalize the defendant for his negligence, but to compensate the plaintiff for his resulting injuries and losses. | | | Damages for death are allowed as compensation for the destruction of the decedent’s capacity to carry on life’s activities, including his capacity to earn money. | | | An injured plaintiff is entitled to recover all the damages caused by the negligent act. |
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http://www.cga.ct.gov/2004/rpt/2004-R-0002.htm
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| | Tort Damages |
| | Punitive damages may properly be imposed to further a state's legitimate interests in punishing unlawful conduct and deterring its repetition. | | | When a court fixes damages to compensate for a loss which occurred in the past, there should be some allowance for the period between the date of the loss and the date of the judgment. | | | The goal of damages in tort actions is to make the injured party whole through the substitutionary remedy of money to compensate for tangible and intangible losses caused by the tort. |
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http://www.west.net/~smith/tdamages.htm
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| | Damages - Articles and Legal Decisions - Wrightslaw |
| | Judge rules that school administrator was personally liable for damages under the Civil Rights Act for violating a mother's right to get a "free appropriate public education" for her special-needs son, as required by the Individuals with Disabilities Education Act. | | | Federal judges rules that a Santa Barbara High School District administrator was personally liable for damages under the Civil Rights Act for violating a mother's right to get a "free appropriate public education" for her special-needs son, as required by the Individuals with Disabilities Education Act. | | | Several courts have held that monetary damages are not available under the Individuals with Disabilities Education Act (IDEA). |
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http://www.wrightslaw.com/info/damag.index.htm
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| | Personal injury law - info on punitive and compensatory damages - Personal Injury FYI |
| | If a judge feels that the amount of damages is excessive, he or she can order remittitur, a process in which the punitive damages are reduced without a new trial or appeal. | | | If a judge feels that the amount of damages is inadequate, he or she can order additur, whereby punitive damages are increased without a new trial or appeal. | | | To find out more your personal injury case and what damages and settlement you are rightfully entitled to, find and ask a personal injury lawyer in your area. |
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http://www.personalinjuryfyi.com/personal_injury_damages.html
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| | Punitive Damages in Financial Injury Verdicts |
| | And, because punitive damages can be many times the compensatory award (although some states have imposed limits on punitive damages in some types of cases), their size is less predictable. | | | The number of punitive damage awards, the percentage of all verdicts (including defense and plaintiff victories) in which punitive damages were awarded, and the proportion of the total amount of damages awarded in all cases that was punitive. | | | The median ratio of punitive damages to compensatory damages in |
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http://www.rand.org/pubs/monograph_reports/MR889/MR889.text.html
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| | Punitive Damages |
| | Punitive damages are imposed to serve as a punishment for the defendant. | | | Punitive damages, also known as exemplary damages, are damages that are separate and in excess of the compensatory damages awarded to a plaintiff in a legal suit that arises from the malicious or wanton misconduct of the defendant. | | | While compensatory damages are insurable, punitive damages may or may not be. |
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http://www.aon.com/us/busi/risk_management/risk_transfer/punitive_damages.jsp
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| | e-Lawg |
| | Dupont Heating and Air Conditioning Limited, the Ontario Court of Appeal had to consider whether damages could be awarded for mental distress in a contract case involving the installation of a heating system in a the plaintiff's house. | | | The Court also concluded that the aggregate assessment of damages and punitive damages was appropriately a common issue. | | | Tessler, the Ontario Court of Appeal was asked to consider damages. |
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http://www.cacounsel.com/e-lawg/categories/lawDamages
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| | USATODAY.com - Punitive damages go on chopping block |
| | The ruling expanded on a 1996 decision that said punitive damages may not be "grossly out of proportion to the severity of the offense," and set guidelines for lower courts on punitive damages. | | | The justices said that any punitive damages award more than 10 times the actual damages for the injury sustained should be presumed excessive, in violation of the 14th Amendment's due-process clause. | | | The $145 million in punitive damages imposed on State Farm was 145 times the $1 million compensatory damages awarded by a Utah jury. |
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http://www.usatoday.com/money/companies/regulation/2003-04-07-court-damages_x.htm
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| | General Rules for Measuring Damages |
| | Article 75 states the measure of damages in situations where there has been an avoidance or cancellation of the contract by an aggrieved buyer or seller and damages are to be measured by the difference between the cost of the substitute transaction and the contract price. | | | Because the first sentence of Article 77 is worded in terms of a duty to mitigate, courts may require such mitigation, and allow a set-off in favor of the breaching party for failure of the non-breaching party to mitigate. | | | Articles 75 and 76, which are available as the measure of damages to an aggrieved party after the contract has been avoided, permit an avoiding party to claim further damages recoverable under Article 74. |
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http://cisgw3.law.pace.edu/cisg/text/cross/cross-74.html
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| | Subpart 11.5- Liquidated Damages |
| | Liquidated damages are used to compensate the Government for probable damages. | | | If the contract contains a liquidated damages clause and the contracting officer is considering terminating the contract for default, the contracting officer should seek expeditiously to obtain performance by the contractor or terminate the contract and repurchase (see Subpart 49.4). | | | Therefore, the liquidated damages rate must be a reasonable forecast of just compensation for the harm that is caused by late delivery or untimely performance of the particular contract. |
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http://www.arnet.gov/far/01-14a/html/Subpart_11_5.html
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | Note: Liquidated damages in an amount exceeding that needed to reasonably compensate the injured party constitute a penalty and are therefore void. | | | Note: Compensatory damages are recoverable in a case of failure to perform. | | | : damages whose amount is agreed upon by the parties to a contract as adequately compensating for loss in the event of a breach |
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http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.findlaw.com&topic=0b/0bfd5ff8e39afea07e755575087227b0
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| | Litigation Professional Information Center: $145M Punitive Damages Award Reduced But Utah High Court OKs 9-to-1 Ratio |
| | Gore (517 U.S. 497, 5/20/1996), Justice Anthony M. Kennedy found the $145 million punitive damages award was "irrational and arbitrary" in relation to the degree of reprehensibility of the insurer's conduct, the actual harm suffered by the insureds, and the analogous civil penalties available under state law. | | | A trial court reduced the awards to $2,000 in special damages, $1 million for pain and suffering, and $25 million in punitive damages. | | | State Farm had argued the U.S. Supreme Court's remand order established a punitive damages ceiling of $1 million, based on a 1-to-1 ratio of punitive damages to compensatory damages. |
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http://litigationcenter.bna.com/pic2/lit.nsf/id/BNAP-5YJKM5?OpenDocument
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| | damages - legal definition |
| | Compensatory damages are intended to put the injured party in the position he was in prior to the injury. | | | For example, in many states if a landlord doesn't return a tenant's security deposit in a timely fashion or give a reason why it is being withheld, the state statutes give the judge authority to order the landlord to pay damages of double or triple the amount of the deposit. | | | nominal damages A term used when a judge or jury finds in favor of one party to a lawsuit--often because a law requires them to do so--but concludes that no real harm was done and therefore awards a very small amount of money. |
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http://www.nolo.com/lawcenter/dictionary/dictionary_listing.cfm/Term/A50A9EFC-8E6F-4B16-ABCAD9C0DD51CDEF/alpha/D
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| | Modeling and Discounting Future Damages |
| | PA expert witnesses frequently testify in court about damages assessments when a plaintiff alleges future economic losses because of a defendant’s wrongdoing. | | | If the plaintiff offers an undiscounted calculation of future damages at trial and the opposing party fails to object, the error is waived and cannot be raised on appeal—correction is no longer an option. | | | This article addresses business damages such as lost profits from breach of contract or patent infringement. |
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http://www.aicpa.org/pubs/jofa/jan2002/dunn.htm
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| | Damages |
| | Alaska (09/29/1995) sp-4262, 903 P2d 574 (nominal damages) | | | Alaska Gold Co. (11/14/2003) sp-5752 (no punitive damages in contract case) | | | This index is presented by Touch N' Go Systems, Inc., and the Law Offices of James B. Gottstein with permission of Lawyer Support Services which created the index and makes available single page summaries of each case the day following issuance. |
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http://www.touchngo.com/sp/s_damage.htm
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| | Wideman Comparative Glossary of Project Management Terms v3.1 |
| | Liquidated damages are typically expressed as a daily rate. | | | Liquidated - The amount of money set forth in the contract as being the liability of the contractor for failure to complete the work by the contract completion date or adjusted contract completion date. | | | An activity in a network which has neither predecessors nor successors. |
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http://www.maxwideman.com/pmglossary/PMG_D00.htm
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| | WTOP: A Breakdown of Damages in Vioxx Trial |
| | _That amount is likely to be reduced because state law caps punitive damages at twice the amount of economic damages and up to $750,000 on top of non-economic damages. | | | WTOP: A Breakdown of Damages in Vioxx Trial | | | This material may not be published, broadcast, rewritten, or redistributed. |
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http://www.wtopnews.com/index.php?nid=106&sid=555968
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| | Disclaimer and Limitation of Liability - Lambriar Animal Health Care |
| | You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, incidental, special, punitive, compensatory, and consequential damages. | | | You agree that Lambriar Animal Health Care, Inc., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Lambriar Animal Health Care, Inc. site. | | | Visitors should not act upon this information without consulting a veterinarian or other appropriate professional. |
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http://lambriarvet.com/Disclaimer-and-Limitation-of-Liability.php
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| | Medical Malpractice - Damages |
| | The recoverable damages in a medical malpractice claim is the same as in other personal injury/wrongful death actions caused by the negligence of another. | | | (2) Either a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person. | | | Discusses recoverable damages in personal injury and wrongful death actions. |
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http://www.louisvillelaw.com/medical/malpractice/damages.htm
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| | U.S. EPA: Auto AC & the Ozone Layer Backgrounder |
| | Scientists around the world agree that increased UV-B radiation could over the long run cause a rise in cases of skin cancer and cataracts. | | | Also, increased radiation could damage important food crops and marine ecosystems. |
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http://www.epa.gov/ozone/title6/609/consumers/cons2.html
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