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| | DAMAGES - LoveToKnow Article on DAMAGES |
 | | Any other rule would enable a man to distribute blows as he can utter curses at a statutory tariff of so much a curse, according to his rank. | | | Whatever the mode of assessment, it is subject to review if the assessors have clearly mistaken the proper measure of damage. |
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http://7.1911encyclopedia.org/D/DA/DAMAGES.htm
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| | ATRA :: Punitive Damages Reform |
| | They are dwarfed by the amounts paid out in settlements due to the in terrorem effect of punitive damages. | | | Reforms reflecting the quasi-criminal nature of punitive damages provide sound and fair solutions. | | | Punitive Damages in Financial Injury Jury Verdicts Santa Monica: Rand Institute for Civil Justice, 1997 |
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http://www.atra.org/show/7343
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| | Damages - Wikipedia, the free encyclopedia |
| | Historically, one of the best known nominal damage awards was the farthing that the jury awarded to James Whistler in his libel suit against John Ruskin. | | | 10:1 (this article is freely available on SSRN and covers the topic of punitive damages) | | | Rookes v Barnard has been much criticised and has not been followed in Canada or Australia or by the Privy Council. |
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http://en.wikipedia.org/wiki/Damages
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| | Enforcement Guidance: Compensatory and Punitive Damages |
| | The plaintiff had marital problems because her husband was named in a paternity suit by another woman, financial problems, problems resulting from an automobile accident, dietary problems, and family illnesses and deaths. | | | Although compensatory damages were not available under Title VII prior to § 1981A, medical expenses have been awarded as part of § 706(g) relief in some circumstances. | | | Fact Concerts, Inc., 453 U.S. ("evidence of a tortfeasor's wealth is traditionally admissible as a measure of the amount of punitive damages that should be awarded"); Rowlett v. |
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http://www.eeoc.gov/policy/docs/damages.html
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| | Insurability of Punitive Damages: Jurisdictional Analysis |
| | Vicariously assessed punitive damages, however, are insurable in Indiana. | | | Directly assessed punitive damages are not insurable in Indiana. | | | 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. |
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http://www.mcandl.com/puni_states.html
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| | Damages -- Medical Malpractice |
| | They must consider the nature and duration of any pain and suffering that they find. | | | Instead, the jury must use human experience and apply sound common sense in determining the amount of the verdict. | | | A judge can rely on sample jury instructions and on proposed instructions each side presents, but ultimately it is the judge’s decision based on his understanding of the law of damages as established by statutory and case law. |
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http://www.cga.ct.gov/2004/rpt/2004-R-0002.htm
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| | Stigma Damages |
| | In Pruitt, the plaintiffs were individuals who derived their livelihoods from marine life in the Chesapeake Bay which had been polluted by chemicals allegedly discharged into the Bay by the defendant. | | | This is the approach most commonly followed in the typical appraisal. | | | Civil Code § 3343 provides that the damages is the "difference between the actual value of that with which the defrauded person partied and the actual value of that which he received." It is also clear that the damages are to be measured at the time of the fraud. |
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http://www.rbeerslaw.com/stigma.html
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| | Punitive Damages in Financial Injury Verdicts |
| | But the deterrent and shadow effects of punitive damage awards may be far stronger and, thus, more significant than the corresponding effects of compensatory awards. | | | Legal theorists have observed that awards of compensatory damages have both deterrent and shadow effects. | | | Because there are differing perspectives about which features of punitive damage awards are most likely to influence decisionmakers and litigants, we report multiple measures of punitive damage awards. |
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http://www.rand.org/pubs/monograph_reports/MR889/MR889.text.html
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| | Damages - Articles and Legal Decisions - Wrightslaw |
| | Damages requested under the ADA for depressed child who was tormented and humiliated by her teacher; also discusses retaliation. | | | Damages Available Due to "Deliberate Indifference" from School and State Judge rules that school and state showed "deliberate indifference" to needs of child with Down syndrome who attended public school for 16 years - allowed for an award of damages. | | | Judge rules that a family can sue to force the state to pay for therapy for their 6-year old autistic daughter and can seek punitive damages for the emotional distress suffered while trying to get services for their child. |
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http://www.wrightslaw.com/info/damag.index.htm
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| | Tort Damages |
| | The rule which precludes the recovery of speculative damages applies to such as are not the certain result of the wrong, not to those damages which are definitely attributable to the wrong and only uncertain in respect to their amount. | | | Damages after death will go to the decedent's survivors (usually the decedent's immediate family) who may not necessarily be the beneficiaries of any will. | | | The damages prior to death will go to the decedent's estate and be subject to claims of creditors of the estate. |
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http://www.west.net/~smith/tdamages.htm
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| | general damages - Columbia Encyclopedia article about general damages |
| | Damages are the form of legal redress most commonly sought. | | | The injunction, which developed as the main remedy in equity, is used especially where money damages would not satisfy a plaintiff's claim, or to protect personal or property rights from irreparable harm. | | | In some states, if the debtor attempts to put his property out of reach, an injunction ordering him to pay may be issued. |
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http://columbia.thefreedictionary.com/general+damages
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| | Modeling and Discounting Future Damages |
| | The subjective risk component is most volatile at 20 or fewer years and extremely sensitive at 10 years or less—the period for which most litigation damage computations are performed. | | | This article addresses business damages such as lost profits from breach of contract or patent infringement. | | | The principle is deceptively simple: A calculation of a future income stream must be discounted to a present-value damages amount and entered into the record of the legal proceeding. |
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http://www.aicpa.org/pubs/jofa/jan2002/dunn.htm
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| | Medical Malpractice - Damages |
| | In a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority, in addition to all other elements of the damage usually recoverable in a wrongful death action. | | | We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features. | | | 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. |
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http://www.louisvillelaw.com/medical/malpractice/damages.htm
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| | General Rules for Measuring Damages |
| | Obligation does not include only the agreed-upon performance. | | | The CISG takes the position of those countries in which interest is not necessarily a component of damages. | | | This limitation may, however, be applied as part of the domestic law of the forum. |
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http://cisgw3.law.pace.edu/cisg/text/cross/cross-74.html
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| | damages - legal definition |
| | General damages are usually composed of pain and suffering, but can also include compensation for a shortened life expectancy, loss of the companionship of a loved one and, in defamation cases (libel and slander), loss of reputation. | | | For example, if one neighbor sues another for libel based on untrue things the second neighbor said about the first, a jury might conclude that although libel technically occurred, no serious damage was done to the first neighbor's reputation and consequentially award nominal damages of $1.00. | | | Compensatory damages are intended to put the injured party in the position he was in prior to the injury. |
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http://www.nolo.com/lawcenter/dictionary/dictionary_listing.cfm/Term/A50A9EFC-8E6F-4B16-ABCAD9C0DD51CDEF/alpha/D
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| | USATODAY.com - Punitive damages go on chopping block |
| | They also said that juries cannot consider out-of-state wrongdoing when weighing the reprehensibility of a company's actions. | | | The jury found that State Farm had acted in bad faith by not settling claims against a policyholder who was involved in a fatal accident. | | | The decision was the court's most forceful strike in seven years against extreme punitive damages, which are used to punish a company or other defendant and set an example for similar wrongdoers. |
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http://www.usatoday.com/money/companies/regulation/2003-04-07-court-damages_x.htm
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| | general damages - Hutchinson encyclopedia article about general damages |
| | Bereavement damages, for fatal accidents where negligence has been proved, can be up to £7,500 in the UK. | | | This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. | | | In the case of breach of contract the complainant can claim all the financial loss he or she has suffered. |
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http://encyclopedia.farlex.com/general+damages
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| | e-Lawg |
| | Reference is made to cases where the awards for LOIR exceed $100,000. | | | The Court commented that the computer was one of the plaintiff's most important business tools. | | | This constellation of conduct went well beyond the tort of conversion. |
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http://www.cacounsel.com/e-lawg/categories/lawDamages
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| | Damages - Wex |
| | Compensatory damages, like the name suggests, are intended to compensate the injured party for his loss or injury. | | | For certain types of injuries statutes provide that successful parties should receive some multiple of their "actual damages" -- e.g., treble damages. | | | There are general principles governing what types of damages are awarded. |
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http://www.law.cornell.edu/topics/damages.html
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| | Litigation Professional Information Center: $145M Punitive Damages Award Reduced But Utah High Court OKs 9-to-1 Ratio |
| | Schwartz said the pain and suffering damages in the Campbellcase was more than 4,800 times the actual damage award of $2,000. | | | 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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| | Medical Malpractice Damages-Taxes |
| | But as long as there is a physical injury, any damages, economic, or noneconomic, physical or emotional, would be exempt from income taxation. | | | Damages in a malpractice case where no physical injury is involved would be taxable except for medical care costs attributable to emotional disorders caused by the malpractice. | | | 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. |
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http://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-R-0792.htm
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | This is an issue of particular importance in cases of harm to reputation, such as slander, libel, and malicious prosecution. | | | : damages awarded in an amount that is three times the amount for which the trier of fact finds the wrongdoer liable | | | More than one type of damages may be awarded for a single injury. |
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http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.findlaw.com&topic=0b/0bfd5ff8e39afea07e755575087227b0
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| | Personal injury law - info on punitive and compensatory damages - Personal Injury FYI |
| | Damages are intended to help the restore the victim physically, emotionally, mentally, and financially. | | | 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. |
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http://www.personalinjuryfyi.com/personal_injury_damages.html
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| | Punitive Damages |
| | Coverage placed in markets that explicitly cover punitive damages | | | Punitive damages are a modern phenomenon of the U.S. judicial system. | | | 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. |
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http://www.aon.com/us/busi/risk_management/risk_transfer/punitive_damages.jsp
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| | Subpart 11.5- Liquidated Damages |
| | 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. | | | (2) The extent or amount of such damage would be difficult or impossible to estimate accurately or prove. | | | If the contract specifies more than one completion date for separate parts or stages of the work, revise paragraph (a) of the clause to state the amount of liquidated damages for delay of each separate part or stage of the work. |
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http://www.arnet.gov/far/01-14a/html/Subpart_11_5.html
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| | Damages |
| | Crouse (08/30/2002) sp-5619 (when def’s wealth relevant to punitive damages) | | | 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. | | | Fulton (04/08/2005) sp-5883, 110 P2d 927 (computing damages, wrongful death claim) |
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http://www.touchngo.com/sp/s_damage.htm
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| | WTOP: A Breakdown of Damages in Vioxx Trial |
| | This material may not be published, broadcast, rewritten, or redistributed. | | | This material may not be published, broadcast, rewritten or redistributed.) | | | The $253.4 million award is likely to be cut to no more than $26.1 million because Texas law caps punitive damages: |
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http://www.wtopnews.com/index.php?nid=106&sid=555968
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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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| | Wideman Comparative Glossary of Project Management Terms v3.1 |
| | Liquidated damages are typically expressed as a daily rate. | | | An activity in a network which has neither predecessors nor successors. | | | It is an estimate of the damages the owner is likely to incur in the event of late completion by the contractor. |
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http://www.maxwideman.com/pmglossary/PMG_D00.htm
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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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