CiteTEXT
..., all monetary recovery under § 35 is "subject to the principles of equity." The legislative history of these two embellishments argues strongly that it was Congress' purpose to preclude punitive damages a...Lanham Act's antecedent — the 1905 Act — nor its embellishments in the context of monetary recovery evidence any congressional purpose to authorize punitive damages.
...enhance a monetary recovery of damages or profits, e.g., Deering, Milliken Co. v. Gilbert, 269 F.2d 191, 194 (2d Cir. 1959), or to award...
...document will have the result of limiting any monetary recovery of damages sustained as a result of the accident herein to the amount of $75,000, exclusive of interest and costs.
...plaintiff's medical records and bills showing medical expenses of less that $6,000.00, and a stipulation signed by counsel that plaintiff's damages do not exceed the jurisdictional minimum of $75,000.00...recover any amounts in excess of $75,000 exclusive of interest and costs;
3. This stipulation is binding in federal and state courts...
...monetary recovery of damages but merely asks equitable relief to prevent his removal from the hospital. This question is now moot.
As to maintenance and cure, libellant is..., if unpaid, would be subject to the penalty provisions as provided by law. Libellant kept no record of his overtime, nor does he state when it was earned, or under what circumstances. The wage account...does not support libellant's testimony and, without more, the burden has not been met. Libellant's second cause of action is dismissed.
Libellant's fourth cause of action seeks no...
.... Adams filed a pro-se complaint in the District Court pursuant to leave to proceed in forma pauperis, seeking recovery of monetary damages from the defendant, Frank J. Pate, under...".
Where monetary damages, as distinguished from equitable relief, is sought under the provisions of the Civil Rights Act the doctrine of respo...taken before the Disciplinary Captain does not attribute that action to any personal involvement or knowledge on the part of Warden Pate. Such allegation affords no basis for any recovery of monetary ...
...." Getty Petroleum Corp. v. Barto Petroleum Corp., 858 F.2d 103, 113 (2d Cir. 1988). The Court may, therefore, "enhance a monetary recovery of ...remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in...diluted the distinctive nature of Defendant's SEE `N SAY, SEE `N SAY JUNIOR, SEE `N SAY BABY, and THE FARMER SAYS trademarks. Regarding factor two, the Court further finds that monetary damages are an...
...).
In such an instance, simply barring the plaintiff's monetary recovery of damages during the negligent delay may be considered...the plaintiff's inaction. Also there was substantial evidence on the record of the additional monetary costs of fundraising if the LDF was unable to use the NAACP initials. See James Robinson...
...between these paths of recovery. In Birdsall the Supreme Court described the difficulties in obtaining just monetary recovery in equity suits, writing that "manifest injustice was done to the complainant in equity ...patentee's monetary recovery whether it was derived from the infringer's profits or the patentee's losses. For example, in 1857 the Court, reviewing a bill in equity, used "profits" ...word "damages" in the broad sense of monetary recovery for infringement, whether the amount was measured by the infringer's profit or the patentee's loss. For example, in Mowry v. Whitney, ...
...defendants of plaintiffs' work.
A verdict in favor of plaintiffs was returned and damages of $50,000.00 assessed. After the verdict, the parties briefed the question of whether plainti...Nimmer §§ 150-51 at 666-69. In order to accurately determine profits, a defendant may be required to make an accounting. 2 Nimmer § 153.2 at 674.
The jury assessed damages of $50,000 against defendants in this ..., although ascertainable, damages were non-existent and profits were de minimus and consequently, the copyright owner was entitled to no monetary recovery. The Ninth Circuit affirmed these findings of fact a...
...) and 152(3) stand as a barrier to monetary recovery — in damages or counsel fees — for harm dealt to property by a city's legislative action.
.... In essence, when liability for counsel fee is imposed in a declaratory judgment suit against a city, the monetary recovery cannot be viewed as merely ancillary to the relief sought. In like manner with damages, an aw...court's certification were valid, the counsel fee allowance could not stand. This is so because, in essence, the award constitutes a monetary recovery against a municipality for detriment occasioned in...
...is therefore ambiguous with respect to BSC's recovery of licenses, and must be construed to require BSC to share the value of the licenses with him.
...infringement claim entitled BSC to damages, and resulted in a monetary gain—through the cash offset—of billions of dollars. It is arguably ambiguous whether this gain qualifies as a “recovery” pursuant to...pay Dr. Jang from the “balance, if any” from “any recovery of damages” received in a covered infringement suit against a third party. As the Majority concedes, the “any recovery of damages” langua...
...although the Eleventh Amendment would bar a monetary recovery of damages against the state, a compensatory fine could nevertheless be paid from state funds. Id. at 691-92...(5th Cir. 1976). However, this does not mean that since damages are not recoverable in a Title VII action, a compensatory fine may not be..., 98 S.Ct. 2565, 57 L.Ed.2d 522 (1978). Based on the facts of that case, the Supreme Court explained that...
....4th at p. 609.) At the end of the day, Wakefield obtained monetary relief, and the Bohlins did not prevent him from doing so. "Plaintiff obtained [his] litigation objective, recovery of damages...).)
The question before us is whether, under section 1032, a plaintiff qualifies as "the party with a net monetary recovery" where the monetary value of a damages verdict in favor of ...the plaintiff's favor qualifies as a net monetary recovery. ( Michell v. Olick, at p. 1198.) This principle of setting off competing counterclaims to determine net recovery has long been the...
...recovery of damages for a trade libel. It is sufficient for our purposes to conclude that dissemination of the report and its information could not be enjoined under the circumstances of this case...declaratory relief rather than upon some unasserted claim for monetary damages.
B. Probable Cause to Bring Action for Trade Libel...tendered in this case, we have no occasion to examine whether the dissemination of the CAL report was protected by the First Amendment in all events and thus could not constitute the basis for a monetary...
..., however, provides for a monetary recovery for damages.
Causes of action for nuisance are often.... This action vividly demonstrates the difficulties encountered in engrafting traditional common law theories of recovery onto proceedings involving injuries peculiarly contemporary ...."
Plaintiffs instituted this action to recover for both property and personal injury damages caused by defendant's operation of the airport. Specifically, they claim that vibration, fumes...
MOTIONS (Beta)
.... See Docket No. 32. The court, in its order, reserved ruling on the issue of whether article I, section 13 of the California Constitution permits the recovery of monetary damages and reque...establish that article I, section 13 of the California Constitution permits the recovery of monetary damages. Neither the plain language of the article I, section 13, nor the available... legislative history indicate an intent on behalf of the California Legislature to permit the recovery of monetary damages for its violation...
...that would permit the recovery of monetary damages. 112 S.Ct. at 1089-92.
Section 1997e, as amended by the PLRA, now...require a federal prisoner who is seeking exclusively monetary damages to pursue administrative remedies when, and if, there are no administrative remedies that would permit recovery of monetary ...required to pursue and failed to pursue available remedies that could have afforded him substantial monetary recovery.
The district court's dismissal of Whitley's FTCA claim for...
...[s] to prove an essential element of his claim for monetary relief." Id. at 115. The Court concluded that "[w]here recovery of private damages is the purpose of . . . civil rights litigation," a...recovery was the only reasonable measure of their success.
In contrast, where both monetary and equitable relief have been pursued, the size of the monetary recovery is not n...monetary damages, plaintiffs argued that their "primary objective was not monetary, but rather, was to eliminate the threat of discriminatory zoning" (Reply Memorandum of Law in Support of Plaintiffs...
...alone.
Second, although it allowed new types of damages, the Civil Rights Act of 1991 limited the amount of monetary recovery under Title VII . . . by placing caps on the tota...amount of compensatory and punitive damages that could be awarded to any complaining party. Congress enacted a sliding scale of caps, increasing the possible award as the number of employees of a liable....
EBEL, Circuit Judge.
Defendant Gail Williams appeals from a judgment awarding compensatory and punitive ...
...enacted in 1972, the principal civil rights statutes containing an express right of action did not provide for recovery of monetary damages at all, instead allowing only injunctive and equitable relief...at the time Title IX was enacted, "the principal civil rights statutes containing an express right of action did not provide for recovery of monetary damages at all." Ante, at 285...general matter, it does not appear that Congress contemplated unlimited recovery in damages against a funding recipient where the recipient is unaware of discrimination in its programs. When Title IX was...
...., § 1032, subd. (b).) "Prevailing party," as relevant here, includes "the party with a net monetary recovery." (§ 1032, subd. (a)(4...against the nonsettling defendants due to the settlement offset, did not obtain a "net monetary recovery." As we explain further below, we disapprove of Wakefield v. Bohlin (2006...damage award against a defendant but whose judgment is reduced to zero by operation of section 877, "categorically qualifies as a prevailing party" "with a net monetary recovery" under section 1032(a)(4...