2d at 450 (denying motion to dismiss TCCWNA claim finding that although the lack of actual damages
was fatal to plaintiff's Magnuson Moss Warranty Act claim, plaintiff's challenge to defendant's allegedly unlawful tying arrangement was cognizable under the TCCWNA).
because the issue of defining actual damages
was not properly before the
Under the Copyright Act, an infringer is liable for either statutory damages or the copyright owner's actual damages
plus the infringer's profits.
However, numerous cases have held that actual damages
are consistent with the normal calculation that would be expected of damages for any tort, i.
A jury also could find violation of Maine's consumer protection and unfair trade practices statute if Hannaford was negligent in its failure to protect consumer data, according to the court, which noted that these three claims could only move forward if the plaintiffs could demonstrate that they faced actual damages
as a result of the data breach.
Here, the CFI determines actual damages
based on statistics that show a drop in the exports of the applicants' products from the EU to the U.
COURT'S OPINION: The Court of Appeals of South Carolina affirmed the judgment of the lower court both as to actual damages
and punitive damages.
Phases one and two dealt with questions of recklessness (a finding of recklessness against Exxon was necessary for O'Neill to have any hope of recovering punitive damages) and actual damages
caused by the spill.
Frequently, insurers pay settlements that greatly exceed actual damages
, driving up the overall cost of litigation to avoid punitive damage judgments at trial.
Kennedy suggested a "single-digit" standard, in which punitive awards--damages levied in order to punish a defendant--should be no more than 10 times the award for actual damages
, in most cases.
, Bowen said, are tough to show, so legal action based on the law would not happen.
com and Michael Marino for defamation and is seeking actual damages
of $2 million and punitive damages of $3 million.
4 million in actual damages
and US$20 million each in punitive damages.
The appeals court affirmed the award of actual damages
rather than nominal damages in the amount of $36,500, and the award of punitive damages in the amount of $18,250.
There is going to be an issue over what the actual damages
are and how much of this is rhetoric,'' Stergios said.