This is the list of awards and nominations received by the television series Damages TV series Damages 2007 &ndash . By award American Cinema Editors 2007 Best Edited One Hour Series for Commercial Television for Get Me a Lawyer Pilot , nominated Australian Film Institute 2007 Best Actress International Rose Byrne for playing Ellen Parsons , won 1 win 2009 Best Actress International Rose Byrne for playing Ellen Parsons , nominated Casting Society of America 2008 Outstanding Achievement in Casting Television Pilot Drama, nominated 2008 Outstanding Achievement in Casting Television Series Drama won 2009 Outstanding Achievement in Casting Television Series Drama, nominated Television Critics Association Awards 2008 Individual Achievement in Drama Glenn Close , nominated 2008 Outstanding Achievement in Drama, nominated 2008 Outstanding New Program of the Year, nominated 2009 Individual Achievement in Drama Glenn Close , nominated Emmy Award s 2008 Outstanding Actress Drama Series Glenn Close for playing Patricia Patty Hewes , won 2008 Outstanding Casting Drama Series won 2008 Outstanding Directing Drama Series Allen Coulter for Pilot 2008 Outstanding Series Drama 2008 Outstanding Supporting Actor Drama Series Ted Danson for playing Arthur Frobisher 2008 Outstanding Supporting Actor Drama Series Zeljko Ivanek for playing Ray Fiske , won 2008 Outstanding Writing Drama Series Todd A. Kessler , Glenn Kessler screenwriter Glenn Kessler and Daniel Zelman for Pilot 2009 Outstanding Actress Drama Series Glenn Close, won 2009 Outstanding Series Drama 2009 Outstanding Supporting Actor Drama Series William Hurt for playing Daniel Purcell 2009 Outstanding Supporting Actress Drama Series Rose Byrne for playing Ellen Parsons 2009 Outstanding Guest Actor in a Drama Series Ted Danson 2009 Outstanding ... List Of Awards And Nominations Received By Damages Tv Series Category Lists of awards by television series Damages ... more details
Unreferenced stub auto yes date December 2009 British Columbia s Tobacco Damages and Health Care Costs Recovery Act is approved by the Supreme Court of Canada , opening the door for the province to sue cigarette makers, in order to recover the billions spent in inflicted healthcare costs. See also Imperial Tobacco v. British Columbia DEFAULTSORT Tobacco Damages And Health Care Costs Recovery Act Category British Columbia provincial legislation Category Tobacco control Category Smoking in Canada Canada law stub ... more details
Award of punitivedamages upheld in Alabama Supreme Court Subsequent Holding Excessive punitivedamages awards violate substantive due process. SCOTUS 1994 2005 Majority Stevens JoinMajority O Connor ... punitivedamages under the of the Fourteenth Amendment to the United States Constitution Due ... damages lost value of the car and 4 million in punitivedamages , which was later reduced to 2 million ... excessively high punitivedamages violate the Due Process clause of the Constitution. Opinion of the Court The Court, in an opinion by Justice Stevens , found that the excessively high punitivedamages in this case violate the Due Process clause. For punitivedamages to stand, the damages must be reasonably necessary to vindicate the State s legitimate interest in punishment and deterrence. Punitivedamages may not be grossly excessive if they are, then they violate substantive due process. The Supreme ... s conduct the ratio to the compensatory damages awarded actual or potential harm inflicted on the plaintiff and Comparison of the punitivedamages award and civil or criminal penalties ... of bad faith . The ratio of actual or potential damages to punitivedamages was suspiciously high ... a new trial unless plaintiff accepted a remittitur of all but 50,000 of the punitivedamages awarded ... on PunitiveDamages Awards Morals With Technique? , 60 Fla. L. Rev. 349, 352 2008 . ref These same ... Due Process Limits on PunitiveDamages Awards Morals With Technique? , 60 Fla. L. Rev. 349, 352 ... is 199810 ai n8812153 Bad enough to punish The application of the responsibility guidepost in punitivedamages cases after BMW v. Gore Federation of Insurance & Corporate Counsel Quarterly , Fall 1998 ... more details
Court of the United States . The Court ruled in a 5 3 decision that the punitivedamages awarded to the victims ... under the Restatement Second of Torts Section 909 c approach to punitivedamages. After considering the punitive damage policies of foreign nations, the Court reasoned that although punitivedamages ... unpredictability of punitive awards, frustrates the goal of punitivedamages deterring reprehensible conduct because predictable damages create an incentive to continue dangerous misconduct if the personal ... harmful actions. Souter suggests the upper limits on punitivedamages should be as predictable as the legislative range of criminal sentences, yet no minimum for punitivedamages were discussed ... law. Stevens states that the trial court award of 2.5 billion in punitivedamages was not an abuse of discretion ..., which was about US 500 million. Souter argued that a one to one ratio between punitive and compensatory damages was a fair upper limit in maritime law maritime cases that involved recklessness , compared ... The Washington Post title Justices Slash Damages for Exxon Oil Spill first Robert last Barnes date ... authorlink coauthors title Damages Cut Against Exxon in Valdez Case url http www.nytimes.com 2008 06 ... more details
decision on the availability of punitivedamages in contract. The case related to the oppressive ... in good faith, the breach of which would make the insurer liable for punitivedamages ... the standard for imposing punitivedamages articulated in Hill v. Church of Scientology of Toronto Punitivedamages are awarded against a defendant in exceptional cases for malicious, oppressive ... to guide trial judges in their charges to juries cquote 1 Punitivedamages are very much the exception ... behaviour. 3 Where they are awarded, punitivedamages should be assessed in an amount reasonably proportionate ... fines or penalties suffered by the defendant for the misconduct in question. 5 Punitivedamages are generally ... , and to mark the community s collective condemnation denunciation of what has happened. 8 Punitivedamages are awarded only where compensatory damages, which to some extent are punitive, are insufficient ... of any fine or penalty for misconduct, the plaintiff will keep punitivedamages as a windfall in addition to compensatory damages. 11 Judges and juries in our system have usually found that moderate awards of punitivedamages, which inevitably carry a stigma in the broader community, are generally sufficient ... agreed generally with the majority s description of principles governing punitivedamages and, in particular ... and punitive functions of tort law. ref para. 163. ref This award was sufficient and consistent with the nature and purpose of punitivedamages in the law of torts . ref para. 143. ref The majority ......The award of punitivedamages in discussion here leads us far away from this principle. It tends ... Requirement and Official Birth of PunitiveDamages in Contract journal Canadian Business Law Journal ... of a punitive damage award but was critical of the award s magnitude and skeptical of the remedy s deterrence .... He had gotten a jury so incensed at the insurance company that they awarded a million dollars in punitivedamages. In the end, we upheld the outcome and it seemed to me that on a human scale, a massive ... more details
The California Consumers Legal Remedies Act CLRA Cal. Civ. Code 1750 et seq. prohibits vagueness, unfair business practices , and deception by declaring unlawful methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer . Cal. Civ. Code 1770. The CLRA claim is especially attractive to potential plaintiff s because Cal. Civ. Code 1780 allows consumers that suffer damage as a result of a practice declared unlawful by 1770 to obtain actual damages the total award of damages in a class action shall be more than 1,000 an order enjoining the methods, acts, or practices restitution of property punitive damages court costs and attorney s fees and any other relief that the court deems proper. Category California statutes statute stub ... more details
published the story. California law specifies that punitivedamages can be awarded only if an item ... in order to award punitivedamages. The jury awarded Burnett 300,000 in compensatory damages and 1.3 million in punitivedamages. The trial court reduced this to 50,000 in compensatory damages and 750,000 in punitivedamages. The Enquirer subsequently appealed on four grounds that the jury had been incorrectly instructed on the grounds on which it could award punitivedamages specifically that it should ... by Johnny Carson against the Enquirer that the punitivedamages were excessive. Judgment The Court ... the punitivedamages to 150,000. References reflist Bibliography cite book title Business its legal ... is protected from all non economic damages for libel if it publishes a retraction equally conspicuous ... evidence that it should have been protected from noneconomic damages because it had published ... and convincing evidence from that required by California state law for the imposition of punitivedamages, which need only be established by a preponderance of the evidence. In addition, the Court ... more details
punitivedamages for harm caused to individuals not involved in the litigation. SCOTUS 2006 2009 Majority ... damages and 79.5 million in punitivedamages. ref name trial verdict At that time, the verdict was the largest ... damages exceeded the state cap and the punitivedamages were grossly excessive . It reduced the respective ... America, Inc. v. Gore , the Court of Appeals examined whether the punitivedamages were appropriate ... and the punitivedamages, and 3 the difference between the punitivedamages and civil penalties allowed ... that its actions were so reprehensible that they justified punitivedamages 97 times greater than the actual damages. The Oregon Supreme Court denied review. The Supreme Court of the United States ... the amount of the punitivedamages award in light of State Farm v. Campbell . ref name ... those not party to the law suit when awarding punitivedamages. ref name back Philip Morris then appealed ... the U.S. Supreme Court had given as to punitivedamages. ref name back In March 2009, the U.S. ..., it then fought the state over paying the remaining amount in punitivedamages to the state, claiming ... Morris in December 2011 and ruled Philip Morris had to pay the remaining punitivedamages, which ... clause of the Fourteenth Amendment to the United States Constitution Fourteenth Amendment bars punitivedamages for harm caused to individuals not involved in the litigation. Trial court decision Mayola ... O Neill first Patrick title Philip Morris told to pay 81 million in damages to the estate of Jesse ... Philip Morris then paid Williams 61 million, as under Oregon law the state collects 60 of all punitive ... more details
Merge from Prayer legal term date November 2010 Unreferenced auto yes date December 2009 Civil procedure United States A prayer for relief , in the law of civil procedure , is a portion of a complaint law complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages , punitive damages , attorney s fees , an injunction to make the defendant stop a certain activity, or all of these. The request for a specific amount of money may be referred to as an ad quod damnum ad damnum clause . See also Prayer legal term DEFAULTSORT Prayer For Relief Category Legal terms Law term stub ... more details
An additur is a legal term referring to the practice of a trial judge adding damages additional to the original amount awarded by the jury . It is not allowed in U.S. federal courts , as held by Dimick vs. Schiedt , 293 U.S. 474 1935 ,. ref cite web url http laws.findlaw.com us 293 474.html title Dimick v. Schedit, 293 U.S. 474 1935 publisher FindLaw accessdate 2009 03 17 ref Some United States American states , however, allow the practice, including California See, e.g. Fisch vs. Manger , 24 N.J. 66 N.J. 1957 . It is the opposite of remittitur , which is allowed in federal law. Although this is a rarely used procedure, it is usually granted for punitivedamages when it is used in state courts. References reflist Category Legal terms law term stub ... more details
DISPLAYTITLE United States Naval Institute v. Charter Communications, Inc. Unreferenced date March 2010 Contract law United States Naval Institute v. Charter Communications, Inc. , 936 F.2d 692 Second Cir. 1991 is a United States federal courts U.S. federal court case. A contract case, it discusses the impropriety of punitive damages and favoring the theory of efficient breach . Case procedure and summary U.S. Naval Institute , as the assignee for the book The Hunt for Red October , sued Charter Communications and Berkley Books Berkley Publishing Group for breach of a licensing contract. The contract was an exclusive license to publish a paperback edition of the book, not sooner than October 1985. The publishers breached this contract by initiating retail sales on September 15, 1985. Early sales were substantial enough to put the book near the top of paperback best seller lists before the end of September. Naval lost its suit for a preliminary injunction to prevent these sales. The District Court ruled that Berkeley had not breached the contract, because it was to ship before the agreed publication date, which was industry custom. However, the Circuit court reversed this holding and determined that the contract was breached. On remand, the trial court concluded that the damages Naval was entitled to not merely actual damages for copyright infringement, but also recovery of profits wrongfully received by Berkeley in the month of September for that infringement. Holding No. to what? Damages for breach of contract are supposed to compensate the injured party for the loss caused by the breach. Those are measured by the plaintiff s actual loss. While defendant s profits are on occasion used to measure damages, this generally occurs when those profits help to define the plaintiff s loss. The object behind contract remedies is to compensate, not to punish. Punitive damages are only recoverable from a breach of contract if the conduct that constitutes the breach is also a t ... more details
claims. In a separate one day trial on the damages, the jury settled on compensatory damages of 51,146, and punitivedamages of 6 million. The trial court then awarded Kelco treble damages and attorney ... Petrie first D. B. authorlink coauthors year 1990 month title The PunitiveDamages and the Constitution ... coauthors year 1990 month title The Future of PunitiveDamages after Browning Ferris Industries v ... affirmed the trial court s decision on both liability and damages, finding for the sake of argument that the jury s punitive damage award was not excessive whether or not the Eighth Amendment applied ... reading cite journal last Ghiardi first James D. authorlink coauthors year 1990 month title PunitiveDamages State Extraction Practice Is Subject to Eighth Amendment Limitations journal Tort & Insurance ... more details
and assessed damages. It awarded Leatherman Tool Group 50,000.00 in Damages compensatory damages and 4.5 Million in punitivedamages. The United States Court of Appeals for the Ninth Circuit Ninth Circuit Court of Appeals affirmed the punitivedamages on appeal, stating that the damages were not grossly ... reviewed the constitutionality of the punitivedamages award under the correct standard. Because the Court ... had abuse of discretion abused its judicial discretion , the punitivedamages should be Trial de ... court reduced the punitivedamages to 500,000.00. citation http www.ca9.uscourts.gov coa newopinions.nsf ... more details
unreferenced date December 2007 Unfair business practices encompass fraud , misrepresentation , and oppressive or unconscionability unconscionable acts or practices by business , often against consumer s and are prohibited by law in many countries. For instance, in the European Union , each member state must regulate unfair business practices in accordance with the Unfair Commercial Practices Directive , subject to transitional periods. Unfair business practices may arise in many areas, including leasing Tenancy matters Matters involving the purchase of products and services by consumers Matters involving insurance claims and the settlement thereof Debt collection in cases of default finance default In addition to providing for the award of compensatory damages , laws may also provide for the award of punitive damages as well as the payment of the plaintiff s legal fees. At common law , individuals were not entitled to attorneys fees or punitive damages for wrongful acts committed by businesses in most states. Most often, laws prohibiting unfair business practices require consumers to send demand letter to the business prior to commencing with a law suit. If the business fails to make a reasonable offer of settlement within a specified period of time, and is subsequently found liable in court, it may be liable for punitive damages and the injured parties reasonable attorney s fees under many statutes. In some instances, the statutes provide for prevailing plaintiffs to recover double or triple the actual damages against non settling defendants. When statutes prohibiting unfair and deceptive business practices provide for the award of punitive damages and attorneys fee s to injured parties, they provide a powerful incentive for businesses to resolve the claim through the settlement process rather than risk a more costly judgment in court. See also Competition law plan of business Competition policy Consumer protection Misleading or deceptive conduct Australian law Su ... more details
, a doctrine developed in the 5th Circuit which says that all damages, both in maritime personal ..., loss of consortium, mental anguish, pre death pain and suffering and other damages described ... more details
orphan date December 2009 Wikify date December 2009 Revenue Ruling 74 77 ref 1974 1 C.B. 33 1974 IRB LEXIS 494 1974 WL 34538 ref is the 1974 income tax ruling by the IRS determining that a taxpayer may exclude from gross income damages for alienation of affections and for the surrender of the custody of minor child . Sol. Op. 132 It superseded Sol. Op. 132 , I 1 C.B. 92 1922 , since the position stated therein is set forth under the current statute and regulations in this Revenue Ruling , referring to 104 and 26 C.F.R. 1.104 1 That case excluded from gross income the amounts received by the taxpayer as damages for alienation of affections or for the surrender of the custody of his child, whether under agreement of the parties or pursuant to judgment of the court. In that case, an individual taxpayer received certain amounts in settlement of his suit for damages on account of alienation of affections and in consideration for the surrender of the custody of his minor child. These items relate to personal or family rights, not property rights, and may be treated together. None of the amounts received constituted exemplary or punitive damages. Aftermath Rev. Rul. 74 77 was then, in turn, declared obsolete in Rev. Rul. 98 37, 1998 2 C.B. 133, because the applicable statutory provisions or regulations i.e., 104 a 2 have been changed or repealed. See also Murphy v. IRS References references Category Internal Revenue Service Category Tax law tax stub ... more details
damages against Dun & Bradstreet for defamation. The jury returned a verdict against Dun & Bradstreet in the contractor s favor and awarded both compensatory damages compensatory and punitivedamagespunitive monetary damagesdamages . Dun & Bradstreet, however, motion legal moved for a new trial ... Vermont state law allowing awards of presumed and punitivedamages absent a showing of actual malice ... state court, alleging that the false report had injured its reputation and seeking damages ..., holding that the First Amendment allowed an award of damages against a nonmedia defendant such as Dun ... more details
Image Titans trac.jpg right thumb T Rac at LP Field . T Rac is the official mascot of the NFL s Tennessee Titans . He is a raccoon , the state animal of Tennessee . Collision with Adrian McPherson During a preseason game with the New Orleans Saints in 2006, a golf cart driven by T Rac hit Saints quarterback Adrian McPherson . ref http www.cbs.sportsline.com nfl story 9598831 NFL, MLB, NBA, NCAA, Fantasy Sports News CBSSports.com Live Scores, Stats, Schedules Bot generated title ref On September 2, McPherson was released by the Saints, ending his NFL career. On December 18, 2006, he sued the Titans because of the accident that occurred during the pre season game at LP Field . The suit seeks 15 million in punitive damages and 5 million in compensatory damages. References reflist External links http www.titansonline.com fans trac.html Tidbits about T Rac Tennessee Titans Category National Football League mascots Category Tennessee Titans mascot stub ... more details
lasting importance, was Lord Devlin s pronouncements on when punitivedamages are applied. The only three situations in which damages are allowed to be punitive, i.e. with the purpose of punishing ... v. Barnard 1965 81 LQR 116, regarding punitivedamages Law Category English tort case law Category United ... more details
Unreferenced stub auto yes date December 2009 Orphan date February 2009 Jural Rights is a doctrine of Kentucky law that prevents the legislature and presumably the judiciary as well from eliminating common law causes of action that existed at the time the current Kentucky Constitution was instituted. Constitutional basis of the doctrine The doctrine of jural rights is based on a concerted reading of the following sections of the Kentucky Constitution 14 All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. 54 The General Assembly shall have no power to limit the amount to be recovered for injuries resulting in death, or for injuries to person or property. 241 Whenever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death... Application of the doctrine The doctrine was announced in Ludwig v. Johnson , 49 S.W.2d 347 Ky 1932 . In Ludwig , a statute prohibiting a non paying passenger from suing the operator for negligence was found unconstitutional. The doctrine has been upheld several times since then, but remains the subject of criticism that it is a judicial fiction. The doctrine was reaffirmed in Williams v. Wilson , 972 S.W.2d 260 Ky 1998 , where the court invalidated a statute requiring a finding of intent for punitive damages to be available. The court reasoned that punitive damages were available for gross negligence in 1891 when the Constitution took effect , and that the Malice law malice requirement of the statute in question effectively banned a cause of action based on negligence. DEFAULTSORT Jural Rights Category Civil procedure Category Common law Category Kentucky law Kentucky stub ... more details
Law Review volume 97 ref References references Examples of legal remedies Damages , which may include Compensatory damagesPunitivedamages Incidental damages Liquidated damages Nominal damages ... more details
Kamal Bamadhaj was a political science student and human rights activist, who was killed in the Dili Massacre in East Timor on November 12, 1991. Of Malaysia n and New Zealand parentage, he was the only foreign national to be killed when Indonesia n troops opened fire on a funeral procession at the Santa Cruz cemetery in Dili . He attended the University of New South Wales in Sydney , Australia , and worked as an interpreter for Australian aid agencies working in East Timor. The Indonesian military commander in East Timor, Sintong Panjaitan, who was removed from the post, later went to study in the United States . In 1994, Bamadhaj s mother, Helen Todd, sued Panjaitan for punitive damages in a US court, but he dismissed the court s decision as a joke ref http etan.org et 1998 june june16 massacre.htm etan.org ref and returned to Indonesia. A 1999 film, called Punitive Damage , tells the story of Todd s legal battle. References reflist External links http www.hamline.edu apakabar basisdata 1991 11 24 0005.html Kamal s Diary, November 1991 http www.etan.org news 2000a suit memo law.htm HELEN TODD, Plaintiff v. SINTONG PANJAITAN, Defendant http www.flickfilosopher.com flickfilos archive 4q99 punitivedamage.html Punitive Damage Persondata Metadata see Wikipedia Persondata . NAME Bamadhaj, Kamal ALTERNATIVE NAMES SHORT DESCRIPTION DATE OF BIRTH PLACE OF BIRTH DATE OF DEATH 1991 PLACE OF DEATH DEFAULTSORT Bamadhaj, Kamal Category Year of birth missing Category 1991 deaths Category People of Malaysian descent Category Protest related deaths pt Kamal Bamadhaj ... more details
Honda Motor Co. v. Oberg , case citation 512 U.S. 415 1994 , was a legal case case decided by the Supreme Court of the United States that held that an constitutional amendment amendment to the Oregon state constitution disallowing appellate review judicial review of the size of punitive damages was a violation of due process . ref Varat, J.D. et. al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY 2009, p. 358 ref Decision In a products liability action, Honda was found liable for injuries received by the plaintiff in an All terrain vehicle ATV accident. Honda was liable for a 5 million punitive damage award, and both the state appellate court and the Oregon Supreme Court declined to review the award for excessiveness based on an amendment to the Oregon constitution. The Supreme Court of United States held that the amendment to the Oregon constitution violated due process. The Court held that judicial review of punitive damage awards for excessiveness was a long standing common law tradition that was critical in protecting against arbitrary deprivations of property, and that Oregon had not instituted a substitute procedure to maintain these protections. ref Varat, p. 358 ref See also List of United States Supreme Court cases, volume 512 References reflist See also http www.law.cornell.edu supct html 93 644.ZS.html Syllabus of the opinion from Cornell University Law School Category United States Supreme Court cases Category 1994 in United States case law Category United States tort case law Category United States Supreme Court case articles without infoboxes ... more details
The Equal Credit Opportunity Act ECOA is a United States law codified at usc 15 1691 et seq. , enacted in 1974, that makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex, marital status, or age provided the applicant has the capacity to contract ref cite book title Intro to Business last1 Dlabay first1 Les R. last2 Burrow first2 James L. last3 Brad first3 Brad year 2009 publisher South Western Cengage Learning location Mason, Ohio isbn 9780538445610 page 470 quote The Equal Credit Opportunity Act prohibits creditors from denying a person credit because of age, race, sex, or marital satus. ref to the fact that all or part of the applicant s income derives from a public assistance program or to the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act . The law applies to any person who, in the ordinary course of business, regularly participates in a credit decision, including bank s, retailer s, bankcard companies, finance companies, and credit union s. Failure to comply with the Equal Credit Opportunity Act s Regulation B can subject a financial institution to civil liability for actual and punitive damages in individual or class actions. Liability for punitive damages can be as much as 10,000 in individual actions and the lesser of 500,000 or 1 of the creditor s net worth in class actions. ref Regulation B, Equal Credit Opportunity 12 CFR 202.14 b as stated in http www.bos.frb.org commdev commaff closingt.pd Closing the Gap A Guide to Equal Opportunity Lending , Federal Reserve System of Boston. ref References reflist External links http fraser.stlouisfed.org publications ar ecoa Annual Report to Congress on the Equal Credit Opportunity Act These annual reports by the Board of Governors of the Federal Reserve System discuss actions taken in response to the Equal Credit Opportunity Act. ... more details
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