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Topic: Damages

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In the News (Mon 15 Jul 19)

  Damages - Articles and Legal Decisions - Wrightslaw
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.
Damages requested under the ADA for depressed child who was tormented and humiliated by her teacher; also discusses retaliation.
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.
www.wrightslaw.com /info/damag.index.htm   (802 words)

  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.
Compensatory damages, like the name suggests, are intended to compensate the injured party for his loss or injury.
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.
www.law.cornell.edu /topics/damages.html   (288 words)

  Tort Damages @ lawschoolhelp.com
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 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.
Punitive damages may properly be imposed to further a state's legitimate interests in punishing unlawful conduct and deterring its repetition.
www.west.net /~smith/tdamages.htm   (1760 words)

  DAMAGES - LoveToKnow Article on DAMAGES   (Site not responding. Last check: )
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.
Damages were sought for injury done to the wheat by rain in consequence of the machine not having been delivered in time, and also for a fall in the market before the grain could be got ready.
In cases of damages to ships or cargo by collision at sea, the rule of the old court of admiralty (derived from the civil law and preserved by the Judicature Acts) is that when both or all vessels are to blame, the whole amount of the loss is divided between them.
7.1911encyclopedia.org /D/DA/DAMAGES.htm   (5022 words)

 Damages - Wikipedia, the free encyclopedia
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.
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.
Economic damages in civil litigation are computed as the financial loss suffered by a person due to the wrongful actions of another person.
en.wikipedia.org /wiki/Damages   (961 words)

 Enforcement Guidance: Compensatory and 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.
Third, it provides a limitation on the sum of punitive damages and compensatory damages for "future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses." The limitation on the amount of damages (caps) is based on the size (number of employees)6 of the respondent.
Backpay and damages sought for the other pecuniary losses incurred during her year-long unemployment may also be reduced, since the respondent has proved that she could have found another job within a few weeks.
www.eeoc.gov /policy/docs/damages.html   (6253 words)

 Stigma Damages   (Site not responding. Last check: )
The Potter decision's rejection of emotional distress damages for the plaintiffs' fear of cancer was made in part because of the subjective nature of the "fear" and the difficulties of measuring emotional distress damages in that context.
The plaintiffs, property owners in the subdivision alleged damages for the diminution in the value of their property due to its proximity to the plume although their properties were not presently contaminated by the underground plume.
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.
www.rbeerslaw.com /stigma.html   (4369 words)

 damages. The Columbia Encyclopedia, Sixth Edition. 2001-05
The purpose of damages is to compensate the injured party for the loss that he has suffered and will probably suffer from the defendant’s illegal conduct.
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.
When damages and legal costs are awarded they become a lien on the debtor’s property, which the creditor may seize and sell if the debtor does not meet his obligation.
www.bartleby.com /65/da/damages.html   (453 words)

 Damages -- Medical Malpractice
Economic damages are monies awarded as compensation for monetary losses and expenses, which the plaintiff has incurred, or is reasonably likely to incur in the future, as a result of the defendant's negligence.
Noneconomic damages are monies awarded as compensation for non-monetary losses and injuries, which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant's negligence.
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.
www.cga.ct.gov /2004/rpt/2004-R-0002.htm   (1848 words)

 How to Determine Damages After a Car Accident | eHow.com
After a car accident, you may be entitled to compensation for injury and property damage.
Be patient to avoid losing compensation for damages that may not be readily apparent.
Cooperate completely when asked for estimates of damage or when asked to let your vehicle be inspected by a claims representative.
www.ehow.com /how_2289_determine-damages-after.html   (600 words)

 Which kind of damages are available in IP disputes?
The concept of statutory damages as a remedy is subject to some debate because a number of legal systems see them as too close conceptually to punitive damages.
In many countries, though, statutory damages are not considered predominantly punitive, but rather as a remedy that aims to provide full compensation for the harm suffered by the right holder.
A typical model for the establishment of statutory damages is a calculation on the basis of twice, or three times, the full price payable for the respective use of the infringed right.
www.wipo.int /enforcement/en/faq/judiciary/faq08.html   (1234 words)

 Legal Definition of Damages, Actual
This is in contrast to "nominal" damages (a small amount paid where there is no real loss) or "punitive" damages (intended to punish the party who must pay damages).
When damages, which have been suffered by someone as a result of another's wrongdoing, can be precisely measured, they are called actual damages.
Actual damages are rarely awarded in family law cases, although some states now allow a parent to recover from his child's other parent the actual damages suffered if thwarted when trying to exercise visitation rights.
www.lectlaw.com /def/d003.htm   (221 words)

 Personal injury law - info on punitive and compensatory damages - Personal Injury FYI
Often called exemplary damages, punitive damages are typically awarded to the plaintiff in addition to compensatory damages when the defendant's conduct has been especially malicious or oppressive.
Punitive damages are awarded punish the offender and to deter others from engaging in similar actions.
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.
www.personalinjuryfyi.com /personal_injury_damages.html   (339 words)

 Contract Damages
Rest.2d §349) Purpose of reliance damages is to restore the victim of breach to the position he or she would have been in if the contract had not been made.
Damages are limited to those losses which were foreseeable, i.e., in the contemplation of the parties at the time the contract was entered into.
UCC 2-715(2)(a) bars consequential damages where the loss could have been avoided by "cover." The objective of the law of contracts is not to punish the breaching party but rather to grant relief to the victim of the breach, by making him "whole" again.
www.west.net /~smith/damages.htm   (1414 words)

 Medical Malpractice Damages-Taxes
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.
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.
Thus, for example, damages in a malpractice case brought against a mental health professional, such as a psychiatrist, that alleged only mental and emotional damages, with no physical injury, would be taxable except for medical care attributable to emotional damages.
www.cga.ct.gov /2003/olrdata/jud/rpt/2003-R-0792.htm   (526 words)

 Punitive Damages in Financial Injury Verdicts
Because caps on punitive damages are a prominent feature of many reform proposals, we also estimate what percentage of the financial injury punitive awards in our database would have been affected by caps of various sizes and how the caps would have affected the total amount of punitive damages awarded in such cases.
For all financial injury verdicts in which punitive damages were awarded, we identified the particular type of dispute that led to the punitive damage award and added information about the parties, their relationship to each other, and the industrial sector in which the dispute arose.
In contrast, the median ratio of punitive damages to compensatory damages fell over the two periods from 1.5 to 1.2, indicating that there is an increase in the number of punitive damage awards in which the amount of punitive damages awarded is small relative to the compensatory damages awarded.
www.rand.org /pubs/monograph_reports/MR889/MR889.text.html   (3657 words)

 ATRA :: Punitive Damages Reform
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.
Limits punitive damages to $500,000 or three times compensatory damages, whichever is greater, unless the defendant's action is motivated by financial gain in which case punitive damages are limited to $7,000,000, four times compensatory damages, or four times the aggregate amount of financial gain, whichever is greatest.
Limits punitive damages to three times compensatory damages or $500,000, whichever is greater; the limit is increased to four times compensatory damages or $2,000,000, whichever is greater, if the defendant’s wrongful conduct was motivated by unreasonable financial gain or the likelihood of injury was known.
www.atra.org /show/7343   (2364 words)

 Insurability of Punitive Damages: Jurisdictional Analysis
Section 3294 of the California Civil Code states that an employer cannot be liable for damages caused by the “oppression, fraud, or malice” of an employee, unless the employer is guilty of negligently hiring the offending employee or of ratifying the wrongful conduct.
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.
www.mcandl.com /puni_states.html   (4749 words)

 Punitive Damage Reform   (Site not responding. Last check: )
Punitive damages may be increased to three times compensatory damages if defendant has continued the behavior or repeated the action in a willful and wanton manner.
Punitive damage limits increase to the greater of 4 times compensatory damages or $2 million if defendant was motivated by unreasonable financial gain or that likelihood of injury was known.
HB 92: In order to find a person liable for exemplary damages for injuries caused by an intoxicated driver, it must be proven that the defendant knew their ability to operate a motor vehicle was impaired.
www.namic.org /reports/tortReform/PunitiveDamage.asp   (1245 words)

 general damages - Hutchinson encyclopedia article about general damages
Damages for personal injuries include compensation for loss of earnings, as well as for the injury itself.
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.
encyclopedia.farlex.com /general+damages   (172 words)

 Damages TV Show - Damages Television Show - TV.com
Damages is a legal thriller set in the world of New York City high-stakes litigation.
The series, which provides a view into the true nature of power and success, follows the turbulent lives of Patty Hewes, the nation's most revered and reviled high-stakes litigator, and her bright, ambitious protégé Ellen Parsons.
Patty Hewes continues her quest to ruin Arthur Frobisher.
www.tv.com /damages/show/58333/summary.html   (304 words)

 [No title]
The second basic area of damages are general damages, which are presumed to be a result of the other party's actions, but are subjective both in nature and determination of value of damages.
Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff.
Liquidated damages are those pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract.
dictionary.law.com /definition2.asp?selected=423&bold=||||   (305 words)

 USATODAY.com - Punitive damages go on chopping block   (Site not responding. Last check: )
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.
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.
www.usatoday.com /money/companies/regulation/2003-04-07-court-damages_x.htm   (526 words)

 Modeling and Discounting Future Damages
For the overall period of damages (which usually begins with the occasion of the “wrongdoing” and ends some finite time thereafter), the difference between the lost net revenue and the expenses saved (variable business costs) represents the plaintiff’s lost profits had the damaging act not occurred.
Holding constant all other aspects of the damages model, including the stream of lost income, the discount rate—when modeling outcome probabilities for situations that have less than 100% certainty—declines as the damage period increases, and it falls exponentially in the first few years.
Although opposing experts typically present damages scenarios as impartial and based upon the experts’ experience or market-derived data, they’re likely to be related to other companies’ data, may not be comparable and, usually, are not defined for plaintiff’s risks.
www.aicpa.org /pubs/jofa/jan2002/dunn.htm   (2479 words)

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