TB test blunder forced NZ woman to abort Jul 15, 2008
Human rights lawyer Evgeny Orlov said if gross negligence by medical misadventure was proven, the DHB could be up for exemplary damages of more than $NZ250,000 ($A197,000). A confidential report into the incident by the Office of the Ombudsman, obtained by the Dominion Post under the Official Information Act, found the woman suffered "psychological stress". (Sydney Morning Herald -- World)
Max Mosley's fight Jul 13, 2008
" And a motor sport insider told the BBC that Max Mosley's decision to hang on after the initial allegations demonstrated "a catastrophic lack of political judgement". Stubborn In refusing to go quietly, Max Mosley has demonstrated a stubbornness of character that has served him well at times in pushing difficult and complex decisions through the industry. That trait revealed itself in his decision to take on a powerful newspaper in court - in the knowledge that further potentially embarrassing... (BBC News -- UK)
Tenaga files RM11.47m claim against MTD ACPI Engineering Jul 8, 2008
4mil for loss and special damage to the 33KV power cable and another RM10mil as aggravated damages and exemplary damages. It was also claiming 8% interest on the RM1. (The Star Online, Malaysia -- Business)
Ambanis gear up for a long battle Jun 16, 2008
The letter, a copy of which is available with ET said: "As you will note, we have already notified to ADAG that we shall adopt legal proceedings against them in the Bombay High Court, in which we shall necessarily add MTN as one of the defendants....Please note that any agreement of the nature contemplated above between MTN and ADAG will result in MTN procuring a breach of the agreement, which shall entitle RIL to make a claim for exemplary damages against MTN," said the letter. Continued. (India Times)
RCom to retaliate Jun 16, 2008
RIL said that an agreement involving MTN's acquisition of ADAG's shareholding in Reliance Communications would result in MTN "procuring a breach of the agreement which will entitle Reliance Industries Limited to also make a claim of exemplary damages against MTN.". Continued. (India Times)
Don't create confusion: Mukesh camp Jun 15, 2008
Don't confuse settlement with pacts: Mukesh camp-India Business-Business-The Times of India. Don't confuse settlement with pacts: Mukesh camp15 Jun 2008, 0236 hrs IST,TIMES NEWS NETWORK & AGENCIES. (India Times, India)
MTN deal row: RCom threatens action against RIL Jun 15, 2008
RIL said that an agreement involving MTN's acquisition of ADAG's shareholding in Reliance Communications would result in MTN "procuring a breach of the agreement which will entitle Reliance Industries Limited to also make a claim of exemplary damages against MTN.". Related Stories. (India Times, India -- Intl Business)
Don't confuse settlement with pacts: Mukesh camp Jun 15, 2008
NEW DELHI: The battle between the Ambani brothers escalated further on Saturday as Mukesh Ambani's side said Anil's camp should not create confusion between the family settlement and agreements signed between the two. Sources close to the Mukesh-led RIL said, "RIL in its communication has merely asserted its enforceable rights and has appraised all parties concerned. It has done so with full sense of restraint and responsibility and expects all parties to maintain the same level of... (India Times, India -- Intl Business)
$925 million for people near ex-nuke plant Jun 4, 2008
Judge John L. Kane also ordered Dow and Rockwell to pay exemplary damages of $111 million and $89 million, respectively. advertisement. (MSNBC -- Environment)
Mink Co-Ed Pelts Lohan With Lawsuit May 21, 2008
The suit asks for "punitive and exemplary damages" but does not specify the amount. "Let it be up to a jury to decide," Markova's attorney, Merrill Cohen, told ABCNEWS.com, "if it goes that far.". (ABC News)
Making something from nothing May 2, 2008
Perhaps we should allow those affected by this technique to sue their developers for exemplary damages since there is now no excuse for not checking and fixing vulnerable code. Bill Thompson is an independent journalist and regular commentator on the BBC World Service programme Digital Planet. (BBC News -- Technology)
Landmark civil suit by SC Apr 10, 2008
General and exemplary damages. The SC also worked closely with the US Securities and Exchange Commission, Hong Kong Securities and Futures Commission, the Monetary Authority Singapore, Financial Services Authority UK, BVI Financial Services Commission and Cayman Island Monetary Authority. (The Star Online, Malaysia -- Business)
SC files suit against Repco Low, 9 others over Iris share fraud Apr 9, 2008
General and exemplary damages. The SC launched formal investigation after Iris was declared a designated counter on May 11, 2006. (The Star Online, Malaysia -- Business)
Omagh bomb attack 'a massacre' Apr 8, 2008
The families are seeking compensatory, aggravated and exemplary damages against five defendants. Those being sued are Michael McKevitt, Seamus Daly, Liam Campbell, Colm Murphy and Seamus McKenna. (BBC News -- UK)
Omagh bomb relatives launch civil case Apr 8, 2008
The six families are seeking aggravated, punitive and exemplary damages against the five men. It is thought that a successful claim could reach 14 million. (Telegraph.co.uk)
N.J. Supreme Court: Punitives for Wrongdoer Only, Not for General Deterrence Mar 28, 2008
LaVecchia quoted Appellate Division Judge Steven Lefelt's rationale, that "while general deterrence remains inherent in the nature of exemplary damages, the [Punitive Damages] Act does not permit counsel to urge the jury to increase a punitive damage award in order to enhance the general deterrence of others.". The justices sent the case, which dates from 1998, back to the Law Division for a retrial on punitive damages. (Law.com)
Family of man involved in caning error files suit Mar 28, 2008
They are also claiming exemplary damages by alleging that the wrong was deliberate or grossly negligent. According to a psychiatric report, Mr Tan was suffering from Post-Traumatic Stress Disorder, paranoia and "possible development or worsening to schizophrenia". (Channel NewsAsia, Singapore)
State fines nursing home $100,000 Mar 4, 2008
The plaintiffs -- Darrell Costa, David Costa, Ethel "June" Cesmat and Ernest Costa Jr. -- are seeking an unspecified amount of general, special, punitive and exemplary damages. David Jamieson, a Modesto attorney representing the family, declined to comment on the case. (Modesto Bee, CA)
Suit alleges runoff from plant hurting land, cattle Mar 2, 2008
The suit seeks actual and exemplary damages but doesn t specify any amount. The lawsuit alleges that water which flows from Houston Unlimited s property onto Mel Acres land has contaminated a large stock pond. (Brenham Banner, TX)
State AG sues two drug companies Feb 22, 2008
McGrath also asked the court to award punitive and exemplary damages as appropriate. Janssen is based in New Jersey and is a wholly owned subsidiary of Johnson on. (Helena Independent Record, MT)
Grand jury no-bills man in shooting Feb 10, 2008
" Denise Dennis is still pursuing a civil suit she filed against Smith in January. She is seeking money to cover funeral expenses, mental anguish, loss of compensation, loss of inheritance, exemplary damages, court costs and any other relief she may be entitled to, according to the lawsuit. Lucretia Fernandez can be reached at lfernandez@hcnonline.com. ?Houston Community Newspapers Online 2008 Submit your comment now Comment Title: Submit your comments on the article in the space below: Your... (Conroe Courier, TX)
Doc in love wrangle suit sues lawyer Feb 2, 2008
He is also seeking general damages, aggravated and exemplary damages, costs and further relief. The case was filed through his counsel S. Raveentharan. (The Star Online, Malaysia -- News)
Authority appealing against RM7mil lawsuit award to settlers Jan 29, 2008
In his judgment, Justice Mohd Azman also ruled that Felda must pay exemplary damages of 10% from the total general damages to the settlers headed by Awang Soh Mamat. The settlers filed a suit after they alleged that cheating took place in the sale of oil palm bunches by Felda from 1997 to 2002. (The Star Online, Malaysia -- News)
Coroner rules woman's death was preventable Jan 26, 2008
She said Mr Siriwan had issued Supreme Court proceedings against Dr Lichter, Dr Williams and the South Eastern Hospital for general and exemplary damages. "My client now has to care for his little girl for the rest of his life without her mother's services.". (The Age)
Parents Sue Hospital After Stillborn Baby's Body Sent to Cleaners Jan 24, 2008
The family has sustained "severe emotional distress and mental anguish" and seeks punitive and exemplary damages, according to the lawsuit that does not specify a monetary amount. "How could this happen, that these parents lost their child, lost their son then the hospital doesn't have a procedure or policy in place for dealing with it?" the couple's attorney John David Hart told the Fort Worth Star-Telegram. (Fox News -- Politics)
Felda ordered to pay settlers RM7m Jan 14, 2008
Justice Mohd Azman Husin also told Felda and the company to pay exemplary damages of 10% of the total general damages to the settlers. He made the decision after counsel representing Felda and the company did not turn up in court for the hearing of the settlers suit against the two defendants for allegedly cheating them. (The Star Online, Malaysia -- News)
Uthayakumar files RM 100mil suit against Govt Jan 4, 2008
He stated that the act of irresponsibility, bad faith and mendacity on the part of defendants entitled for him to get aggravated and exemplary damages. Uthayakumar is asking the High Court to give him an injunction to restrain Musa and Gani or their agents from further publishing or causing to be published any similar libel upon him. (The Star Online, Malaysia -- News)
Rahim Noor appeals against courts award decision Dec 19, 2007
Justice Hishamudin had awarded RM1mil in exemplary damages for the inhumane, cruel and despicable behaviour displayed by the defendants during the detention period. He noted that Abdul Malek had been subjected to a vile assault, unspeakable humiliation, and prolonged physical and mental ill treatment during the period. (The Star Online, Malaysia -- News)
Woman sues for RM1mil Dec 10, 2007
Che Tom, who was represented by counsel V. Rajadevan, is seeking RM3,300 in special damages, RM500,000 in additional damages and another RM500,000 in exemplary damages. Che Tom named the Kota Setar OCPD and the Inspector-General of Police as the first and second defendants respectively. (The Star Online, Malaysia -- News)
Housewife sues police for RM1m+ Dec 9, 2007
Che Tom, who was represented by counsel V. Rajadevan, is seeking RM3,300 in special damages, RM500,000 in additional damages and another RM500,000 in exemplary damages. Che Tom named the Kota Star OCPD and Inspector General of Police as the first and second defendants respectively. (The Star Online, Malaysia -- News)
Complaint... Dec 1, 2007
"50. On April 20, 2002, CAIR s director spoke at a rally in Washington D.C. He spoke from a podium next to a Hezbollah flag. 51. On December 29, 2004 Wagdy Ghoneim, an extremist Egyptian cleric known for his advocacy in support of violence and hatred for Jews, decided to voluntarily leave the country after being accused of immigration violation, CAIR s director in California, Hussam Ayloush, told The Los Angeles Times that the case demonstrated the selective application of laws on Muslims. CAIR... (The Drudge Report)
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Limitation of Liability You expressly understand and agree that Realty Times will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if Realty Times has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data;... (RealtyTimes)
A battle to the last breath Nov 24, 2007
Earlier in the week, the NSW Court of Appeal said Banton's claim raised "complex and difficult issues" relating to his claim for exemplary damages. Designed to punish a defendant for particularly bad behaviour, the courts award exemplary damages to express disapproval and to create a deterrent ... The mere inclusion of an exemplary damages claim was not unusual. (Sydney Morning Herald -- Australia)
Family and friends flock to Bernie Nov 23, 2007
Mr Parker said the second payout was not a substantial amount of money but the case was settled to finalise it in Mr Banton's lifetime, give him some closure and provide a leg up to other asbestos victims in claiming similar exemplary damages. Mr Banton's lawyer Tanya Segelov said today the case was a first for the $4 billion James Hardie compensation fund. (Sydney Morning Herald)
Ailing Banton's claim quickly settled Nov 23, 2007
On Tuesday, the NSW Court of Appeal ruled that he could pursue some exemplary damages, including for the events of 2001. The fund's chief executive, Dallas Booth, said Mr Banton's case was "very rare". (Sydney Morning Herald -- Australia)
Bernie Banton wins bittersweet victory Nov 22, 2007
He gave 45 minutes of exhausting evidence from his hospital bed on Wednesday, part of his claim in the Dust Diseases Tribunal for compensation and exemplary damages from James Hardie. His lawyers formally opened their case against the building products giant on Thursday, tendering dozens of damning internal company memos showing the extent of their knowledge about the deadly risks of asbestos dust in the 1960s. (Sydney Morning Herald)
Dying asbestos campaigner fights on from hospital bed Nov 22, 2007
Mr Banton is seeking general compensation for loss of income, medical expenses and home care plus so-called exemplary damages, awarded as a punishment to deter future wrongdoing. On Tuesday, the NSW Court of Appeal said Mr Banton was entitled to seek exemplary damages for conduct during the 2001 restructure ... Mr Banton's solicitor, Tanya Segelov, said exemplary damages could only be awarded if Mr Banton was alive when judgment was delivered. (Sydney Morning Herald -- Australia)
James Hardie 'failed', says dying Banton Nov 21, 2007
But first he's pursuing James Hardie for exemplary damages and hopes his dying words will help win extra compensation for his wife Karen and two sons ... Mr Banton is seeking general compensation from Amaca, a James Hardie subsidiary for whom he worked as a lathe operator in the 60s and 70s, as well as aggravated and exemplary damages for gross negligence. (The Age)
Fresh go at Hardie granted Nov 21, 2007
Justice David Hodgson defined exemplary damages as "punishment for actions in contumelious disregard for a plaintiff's rights" designed to deter future wrongdoing ... The appeal judges dismissed an argument by the trust's barrister, David Williams, SC, that exemplary damages could only be awarded for James Hardie's conduct when Mr Banton worked in its factory at Camellia, near Parramatta, from 1968 to 1974 ... But they agreed with Mr Williams that Mr Banton had already received exemplary damages... (Sydney Morning Herald -- Business)
Hardie lawyers push for Banton claim to be struck out Nov 20, 2007
Today in the Court of Appeal the company's lawyers tried to have struck out Mr Banton's claim for exemplary damages that aim to punish the company. They argued those damages were included in the first compensation payout, but the court dismissed the appeal. (ABC Online)
Hardie trust tests asbestos damages claims Nov 19, 2007
A second part of the claim is that Hardie was so negligent in looking after its workers that Mr Banton should receive exemplary damages and that its conduct has affected him so much that he should receive aggravated damages. On Thursday the president of the tribunal, Judge John O'Meally, said the claim for exemplary damages could proceed ... Allianz's general manager, corporate affairs, Nicholas Scofield, said the insurer accepted Mr Banton's claim for compensatory damages, but workers'... (Sydney Morning Herald -- Australia)
Asbestos campaigner 'fading fast' Nov 18, 2007
Mr Banton's family and friends fear the Dust Disease Tribunal case could drag on for too long or end up in the Court of Appeal, as insurer Allianz and Amaca, a former subsidiary of James Hardie, battle Mr Banton's claim for aggravated and exemplary damages ... "They are taking an appeal to the Court of Appeal over a legal point which is slowing things down. "I would like to see an out-of-court settlement; a man with terminal cancer doesn't have time to be in court arguing technical points," he... (The Age)
James Hardie appeal could prevent Banton settlement Nov 17, 2007
Yesterday the tribunal refused to strike out a claim for exemplary damages, which would be in addition to compensation for Mr Banton recently developing mesothelioma of the stomach ... "They didn't tell him and they continued to expose him to asbestos. "For Bernie to claim exemplary damages his claim must be finished in his lifetime. (ABC Online)
IS&S wins trade secrets trial Nov 8, 2007
IS&S said the judge presiding over the case will hear its claims for a permanent injunction as well as its claims for punitive and exemplary damages against the defendants. Elbit (NASDAQ:ESLT) said Kollsman is evaluating the options available to it in light of the jury verdict and believes it has basis to appeal the verdict and to object to the imposition of any exemplary damages or other costs. (Philadelphia Business Journal, PA)
Sothi gets injunction against Kayveas Nov 1, 2007
He is seeking RM10mil that includes exemplary damages for slander and another RM10mil for libel over the article published in the paper. The Teluk Kemang MP is also seeking other costs and relief deemed fit by the court. (The Star Online, Malaysia -- News)
Torture claims go to high court Oct 26, 2007
Harrowing accounts of the treatment of Iraqis by British troops in an incident in which a detainee died will be handed to the high court today as their lawyers demand aggravated and exemplary damages from the Ministry of Defence. They say 10 Iraqis seized in a Basra hotel in September 2003 were tortured. (Guardian Unlimited -- UK)
A cause without rebels Oct 6, 2007
The company is seeking hundreds of thousands of dollars worth of general and special damages, plus unspecified aggravated and exemplary damages. It has been ordered to pay more than $500,000 in defendants costs so far. (Sydney Morning Herald -- Australia)
$7M Suit Over Bogus Basquiat Sep 19, 2007
Wednesday, September 19, 2007 Last Update: 10:00 AM EDT. SIMPSON MIGHT WALK YET AGAIN. (New York Post -- Gossip)
Eminem sues Apple for using song Aug 2, 2007
The lawsuit says the star is entitled to "exemplary damages". Bad faith. (BBC News -- Entertainment)
Bank campaigners vow to carry on Jul 31, 2007
In addition, he was asking for exemplary damages, which are awarded against the defendant when a wrong is deemed to be deliberate, malicious or negligent. NatWest, which had called for the claim for aggravated and exemplary damages to be struck out and maintained that its fees were lawful, had offered Mr Brennan around 3,000, which he refused. (Channel 4 News)
terms and conditions Jul 27, 2007
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CBS NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF CBS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES, WITHOUT LIMITATION TO DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY; DAMAGES THAT DO NOT FLOW... (CBS 4, CO)
Inmate files suit against county Jul 25, 2007
Bilbrey's complaint for damages requests the defendant to be summoned to answer the complaint, and requests a judgment against Macon County for compensatory damages, as well as unitive or exemplary damages to be awarded, n an amount appropriate according to the proof of this action. The plaintiff also requests the case be tried before a jury, according to documents filed in Circuit Court last Friday. (Lafayette Macon County Times, TN)
Anwar's RM100m defamation suit against Dr Mahathir struck off Jul 4, 2007
Apart from general damages, Anwar sought exemplary damages as well as an injunction to stop Dr Mahathir from repeating the defamatory statements. Dr Mahathir pleaded defence of qualified privilege. (The Star Online, Malaysia)
Parents Of Teen Fatally Shot At Venice High School Sue LAUSD Jul 4, 2007
They are asking for unspecified general, economic and exemplary damages, claiming that security at the school was insufficient to protect students. Also named as defendants are current LAUSD board members Marguerite Poindexter LaMotte, Julie Korenstein, Monica Garcia and Marlene Canter, and former members Jon Lauritzen and David Tokofsky. (NBC4.tv, CA)
Further delay in Rau compo court case Jul 3, 2007
The former Qantas flight attendant who suffers from mental illness is seeking a seven-figure sum for wrongful detention, punitive and exemplary damages and compensation for loss of personal enjoyment and future care. Her case sparked an inquiry and overhaul of Australia's immigration detention system, with a report released on Monday by the commonwealth ombudsman which condemned systemic failings leading to the wrongful detention of 247 people between 1993 and 2007. (The Age)
Terms of Service Jun 29, 2007
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Documentary creators sue over We Are Marshall Jun 28, 2007
The lawsuit, which seeks a jury trial, seeks general and economic losses, punitive and exemplary damages, statutory damages, restitution for all alleged illegal proceeds obtained by the defendants and attorneys fees. It also seeks an order directing the defendants to cease and desist in actions in which they obtain these alleged illegal proceeds. (Charleston Gazette, WV -- Sports)
Zambia: I Didn't Defame Chiluba, Says Hichilema Jun 20, 2007
Dr Chiluba has sued Mr Hichilema for libel and is demanding K20 billion as exemplary damages with interest and costs. The words were extensively quoted in the POST newspapers between May 10 and 18, which likened Dr Chiluba's term of office to having a monkey in charge of a maize field. (allAfrica.com)
Suit abuses court process Issue decided in first case, court told Jun 16, 2007
Apart from general damages, Anwar is seeking exemplary damages as well as an injunction to stop Dr Mahathir from repeating the defamatory statements. Lingam said in the interest of the parties and the public at large, there should be finality in litigation, adding that the second suit was scandalous, vexatious and an abuse of the court process. (The Star Online, Malaysia -- News)
Human rights law protects prisoners of UK troops abroad Jun 14, 2007
Last night he said he would push for "huge exemplary damages" for about 20 other Iraqi families who had been mistreated by British soldiers. He said evidence from a recent court martial into Mousa's death, and the torture or abuse of 10 other Iraqi detainees, revealed that the government had abandoned a 1972 ban on hooding, stressing, sleep deprivation, food deprivation and noise. (Guardian Unlimited)
COURT NOTES 6/12/2007 Jun 12, 2007
seeking in excess of $50,000 together with interest, cost, damages for delay and exemplary damages, for injuries suffered Nov. 29, 2005, at the defendant s store at 777 Old Willow Ave., Honesdale; Myles P. McAliney, attorney. ESTATES FILED. (Scranton Times, PA)
Chiluba Suing Over Libel Jun 8, 2007
FORMER Second Republican President, Frederick Chiluba, has sued United Party for National Development (UPND) president, Hakainde Hichilema, for libel and is demanding K20 billion as exemplary damages with interest and costs. Dr Chiluba has asked the court to grant him an injunction, restraining Mr Hichilema whether by himself, servants or agents from publishing or causing to be published defamatory words of the plaintiff. (allAfrica.com)
Man awarded RM66,500 over police assault Jun 4, 2007
He awarded the plaintiff with RM25,000 in compensatory damages, RM25,000 for exemplary damages, RM15,000 for pain and suffering and RM1,500 for special damages. Defence counsel Shim Wai Loon represented Ali. (The Star Online, Malaysia -- News)
Muliaga family's compo bid faces difficulties, says lawyer Jun 2, 2007
She is considering a number of approaches, including whether the case is suitable for a claim of exemplary damages and issues of negligence. She says Mercury Energy has been high-handed, and will be targeting it and its parent company, including directors. (Radio New Zealand)
'Unfair' bank charges left me penniless, barrister tells court May 22, 2007
He is also seeking exemplary damages, which are awarded when a wrong is deemed to be deliberate, malicious or negligent. NatWest is seeking to have the case thrown out before a trial. (Independent)
