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Actual Damages

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Name: Actual Damages

First reported 4 hours ago - Updated 4 hours ago - 1 reports

Judge declares mistrial in figure skating case

Z Andrea J. Cook Journal staff Rapid City Journal30 minutes ago • Andrea J. Cook Journal staffCircuit Judge Robert Mandel declared a mistrial Friday in the lawsuit a Rapid City man launched against his daughters' figure skating coach in 2010.After deliberating ... [Published Rapid City Journal - 4 hours ago]

Entities: Mistrial, Figure Skating, Robert Mandel

First reported 18 hours ago - Updated 18 hours ago - 1 reports

Navy veteran challenges his forced retirement from Clackamas County job with federal lawsuit

A Navy veteran who was dismissed from his job at the Clackamas County Water Environment Services Department last summer sued the county in federal court Friday, charging the county with violating the law governing employment rights for military reser ... [Published Oregonian - 18 hours ago]

Entities: Lawsuit, Mike Francis, Uniformed Services, Actual Damages, Retirement Benefits

First reported 20 hours ago - Updated 20 hours ago - 1 reports

Indiana Supreme Court Upholds Punitive Damages Statute

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision signals for future cases before ... [Published JD Supra - 20 hours ago]

Entities: Punitive Damages, John Doe, Indiana (United States), Actual Damages, Supreme Court

First reported May 24 2013 - Updated 23 hours ago - 1 reports

Grocer says data breach could cost $80M in Illinois

A data breach at a St. Louis-based grocery store chain could cost the family-run company $80 million in Illinois alone, according to a court filing.Schnuck Markets Inc., which has more than 30 stores in the Rockford area and in downstate Illinois, disclosed ... [Published Saukvalley.com - May 24 2013]

Entities: Schnucks, Grocer, Roscoe (Illinois, United States), Illinois Supreme Court, Urbana (Illinois, United States)

First reported May 24 2013 - Updated May 24 2013 - 1 reports

Man says AB Contracting negligent in constructing home

WINFIELD – A man is suing AB Contracting Inc. after he claims it was negligent in constructing a home he purchased.Bradley W. Harris purchased a residence from AB in September 2006, according to a complaint filed April 29 in Putnam Circuit Court.Harris ... [Published West Virginia Record - May 24 2013]

Entities: Circuit Court, Actual Damages, Intrusion

First reported May 24 2013 - Updated May 24 2013 - 1 reports

Woman sues Charleston after falling down stairs

CHARLESTON – A woman is suing the City of Charleston after she fell down the stairs of one of its buildings and was injured.On May 21, 2011, Phyllis J. Gibson was attending an event located at the Municipal Auditorium and was walking down the basement ... [Published West Virginia Record - May 24 2013]

Entities: Circuit Court, Actual Damages, PAIN AND SUFFERING, Circuit Judge

First reported May 24 2013 - Updated May 24 2013 - 1 reports

Woman sues X Trucking over collision

CHARLESTON – A woman is suing X Trucking Company LLC for injuries allegedly sustained in a collision.Ronnie Joe Lusk, an employee of X Trucking, was also named as a defendant in the suit.On May 13, 2011, Kathy Mitchell was a passenger in a vehicle when ... [Published West Virginia Record - May 24 2013]

Entities: Michael Martin, Circuit Court, Actual Damages

First reported May 24 2013 - Updated May 24 2013 - 1 reports

DANGEROUS FREIGHT BROOKER * USA

* Arizona - OOIDA, stiffed truckers file class action against Pacific Financial Association ( Photo ) Phoenix,AZ.,USA - Land Line, by Sandi Soendker -22 May 2013: -- Claiming broker trust agreement violations, OOIDA and three plaintiffs filed ... [Published Trucks World News - May 24 2013]

Entities: Pacific Financial Corp, Class Action, United States, Service Corporation International, Injunctive Relief

First reported May 24 2013 - Updated May 24 2013 - 1 reports

Court upholds $5.75 million verdict against former nursing home officers, board members

A $5.75 million verdict will stand and there will be no new trial in the case against officers and board members of a former Pennsylvania nursing home, a federal judge recently ruled.The case involves the Lemington Home for the Aged, a nonprofit nursing ... [Published McKnight's Long Term Care News - May 24 2013]

Entities: Verdict, Arthur J. Schwab, Punitive Damages, Actual Damages

First reported May 23 2013 - Updated May 23 2013 - 1 reports

Couple claims law enforcement agencies broke into wrong home

RICHFIELD ? A couple who claims law enforcement officers wrongfully entered their home are suing three agencies in a federal lawsuit.Christopher and Kim Dettle, of Richfield, claim in the suit that Richfield City Police Department, Sevier County Sheriff ... [Published KSL-TV - May 23 2013]

Entities: Lawsuit, Susan Davis, Actual Damages, Disorder

First reported May 23 2013 - Updated May 23 2013 - 1 reports

Unfairly dismissed officer still awaiting compensation

St. John’s Antigua- Constable Clifford Jackson is yet to receive a penny of the $200,000 plus owed to him in salaries and benefits following his unfair dismissal in 2007.Nine months ago, the officer won his case against government and the Police Service ... [Published Antigua Observer - May 23 2013]

Entities: Dismissal, Conviction, Justice Thomas, Actual Damages

First reported May 23 2013 - Updated May 23 2013 - 1 reports

Restaurant apology over food poisoning

A lawyer for diners who fell ill at The Copa restaurant has said the matter should be settled without court action, with individual damage claims of up to $5000 expected. Slater & Gordon Canberra group practice leader Gerard Rees welcomed Thursday's public ... [Published Melbourne Age - May 23 2013]

Entities: Slater & Gordon, Actual Damages, Civil Law

Quotes

...The court noted that "the essence of a bankruptcy reorganization. . . is to restructure debt [and] decelerate accelerated debts. . . . It would be anomalous for acceleration of an obligation to be construed as a prepayment which triggered the application of a penalty." Id. at 720...

In re School Specialty, Inc., Case No. 13-10125 (KJC) (Bankr. D. Del. Apr. 22, 2013) [Published JD Supra - 18 hours ago]

When he returned to Clackamas County to resume his job, he was "unable to perform all the tasks of a Waste Treatment Specialist II, particularly those requiring use of ladders or placing strain on his injured knee" the complaint says

Navy veteran challenges his forced retirement from Clackamas County job with federal lawsuit [Published Oregonian - 18 hours ago]

"Even valuing Plaintiff's and the putative class members' alleged "time and effort" damages at the federal minimum wage ($7.25 per hour), and interpreting "numerous hours" to equal only two (2) hours, the potential amount in controversy is equal to approximately $7.25 million" for a class of about 500,000 affected individuals in Illinois, Schnucks said in its motion

Schnucks wants federal court to handle data breach lawsuit [Published Computerworld - 21 hours ago]

...The statute was designed "to protect and encourage employees to report illegal andunethical workplace activities and to discourage public and private sector employers from engaging in such conduct.” The Douglass Law Firm We handle complex employment litigation matters. Email us atmjd@douglasslawfirm.com Susan Kinniry, Esq.,author of this article, is a frequent In Battaglia v. UPS ,Plaintiff Michael Battaglia claimed that his bosses retaliated against him after he reported that managers violated company policy by misusing UPS credit cards and making offensive statements about women. He also spoke out about poor performance in the division where he worked. After voicing these complaints Battaglia was demoted from a managerial position to supervisory one. Among other claims, Battaglia sued UPS for retaliation under CEPA. A jury found in Battaglia's favor and initially awarded him one million dollars in compensatory damages. IThis figure was significantly reduced as a result of post-trial motions.) Both sides appealed. On appeal, UPS argued that in order to satisfy the elements of his claim, Battaglia had to show that he believed there was evidence of clear illegal activity in order to be protected by CEPA. The company maintained that Battaglia failed to establish both that he had a "reasonable belief" that there was wrongdoing in the satellite division and the causal connection between his one conversation with his immediate supervisor-in which Battaglia reported his suspicions-and his demotion, which occurred a full year later. The Appellate Division found otherwise, focusing on causation and more or less side-stepping the issue of whether Battaglia believed there was illegal activity afoot. Quoting the 2009 case Ivan v. Middlesex, the Court reasoned, "Temporal proximity can be helpful in assessing causation under the petition clause, but it is not dispositive. When retaliatory action occurs well after protected activity the inference that protected activity was a substantial factor is more difficult to draw but it is not foreclosed."UPS appealed and the Supreme Court granted certification in February. The Court is expected to clarify—and possibly broaden—what constitutes “protected activity” under both CEPA and the New Jersey Law Against Discrimination (LAD). Before anything else, preparation is the key to success. Alexander Grahm Bell contributor to the Douglass Law Firm Newsletter and may be reached at: sk@douglasslawfirm.com THE DOUGLASS LAW FIRM 1601 TILTON ROAD, SUITE 6 NORTHFIELD, NJ 08225 609.788.3595 HTTP://WWW.DOUGLASSLAWFIRM.COM 1601 Tilton Rd Suite 6"

Blowing The Whistle on Legal Activity? [Published JD Supra - May 24 2013]

More Content

All (696) | News (612) | Reports (0) | Blogs (74) | Audio/Video (0) | Fact Sheets (0) | Press Releases (10)

sort by: Date \| Relevance
Judge declares mistrial in figure skating case [Published Rapid City Journal - 4 hours ago]
Healthcare Review: VIVUS, ZIOPHARM Oncology, In... [Published BioMedReports - 17 hours ago]
In re School Specialty, Inc., Case No. 13-10125... [Published JD Supra - 18 hours ago]
Navy veteran challenges his forced retirement f... [Published Oregonian - 18 hours ago]
New Washington Law Protects Employees’ Social M... [Published JD Supra - 19 hours ago]
Was Chicken Little an Optimist? [Published JD Supra - 19 hours ago]
4 Healthcare Stock Stories For the Holiday Weekend [Published Wall St. Cheat Sheet - 20 hours ago]
Indiana Supreme Court Upholds Punitive Damages ... [Published JD Supra - 20 hours ago]
4 Healthcare Stock Stories For the Holiday Weekend [Published Wall St. Cheat Sheet - 20 hours ago]
Illinois Supreme Court Holds TCPA Damages Not P... [Published JD Supra - 21 hours ago]
Schnucks wants federal court to handle data bre... [Published Computerworld - 21 hours ago]
Blowing The Whistle on Legal Activity? [Published JD Supra - May 24 2013]
Woman sues Charleston after falling down stairs [Published West Virginia Record - May 24 2013]
Man says AB Contracting negligent in constructi... [Published West Virginia Record - May 24 2013]
Woman sues X Trucking over collision [Published West Virginia Record - May 24 2013]
Grocer says data breach could cost $80M in Illi... [Published Saukvalley.com - May 24 2013]
Jury deliberations continue in ice skating case [Published Rapid City Journal - May 24 2013]
Former business manager sues school district [Published South Bend Tribune - May 24 2013]
DANGEROUS FREIGHT BROOKER * USA [Published Trucks World News - May 24 2013]
Court upholds $5.75 million verdict against for... [Published McKnight's Long Term Care News - May 24 2013]
Firm Told to Rehire Nuke Whistleblower [Published PaintSquare - May 24 2013]
Flying a drone over your neighbour’s place - No... [Published Digital Journal - May 24 2013]
What Are Liquidated Damages? [Published Findlaw Corporate Counsel - May 24 2013]
INTUITIVE SURGICAL, INC.: Intuitive Surgical Wi... [Published 4 Traders - May 23 2013]
Law360 Features Steptoe's Ben Cooper in Q [Published Steptoe & Johnson LLP - May 23 2013]
Judge awards Pittsburgh man $7,500 from jail gu... [Published Pittsburgh Tribune Review - May 23 2013]
Couple claims law enforcement agencies broke in... [Published KSL-TV - May 23 2013]
Court Tosses Suit Over Disputed Concession Sale [Published Courthouse News Service - May 23 2013]
Unfairly dismissed officer still awaiting compe... [Published Antigua Observer - May 23 2013]
Government moves to drop criminal case against ... [Published Individual.com - May 23 2013]

Blogs

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4 Healthcare Stock Stories For the Holiday Weekend [Published Wall St. Cheat Sheet - 20 hours ago] Covidien ( NYSE: COV ): Closing price $65.14On Friday, Covidien announced that its board approved the separation of the pharmaceuticals unit from the rest of the company. The separation will occur via the declaration of a dividend in specie of the pharmaceuticals ...
4 Healthcare Stock Stories For the Holiday Weekend [Published Wall St. Cheat Sheet - 20 hours ago] Covidien ( NYSE: COV ): Closing price $65.14 On Friday, Covidien announced that its board approved the separation of the pharmaceuticals unit from the rest of the company. The separation will occur via the declaration of a dividend in specie of the ...
DANGEROUS FREIGHT BROOKER * USA [Published Trucks World News - May 24 2013] * Arizona - OOIDA, stiffed truckers file class action against Pacific Financial Association ( Photo ) Phoenix,AZ.,USA - Land Line, by Sandi Soendker -22 May 2013: -- Claiming broker trust agreement violations, OOIDA and three plaintiffs filed ...
While We’re Waiting on Bartlett, Some New Preem... [Published FDA Law Blog - May 20 2013] By Kurt R. Karst –As folks in the generic drug industry patiently await the U.S. Supreme Court’s decision in Mutual Pharmaceutical Co. v. Bartlett (Docket No. 12-142), a design defect generic drug preemption case (see our previous post here), we thought ...
WV Non-Profit Public Interest Lawyers Take Up F... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013] In Charleston, West Virginia, The West Virginia Record reports:A Charleston man is suing Bank of America N.A. and JPMorgan Chase Bank N.A. for illegal debt collection in two separate lawsuits .In 2005, William Martin was induced into two simultaneous ...

Press Releases

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Shegerian & Associates Founder Cites New Breed ... [Published Business Wire - May 16 2013]
Cornerstone Research Promotes Kristin Feitzinge... [Published Business Wire - May 15 2013]
Fort Lauderdale Law Firm Wins $2 Million Verdic... [Published Marketwire - Breaking News Releases - May 03 2013]
Jurors Hold Tobacco Companies Accountable for E... [Published Business Wire - Apr 19 2013]
Ongoing Legal Pursuit of Dr. Richard Kaul Highl... [Published PR Newswire - Apr 18 2013]

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