Punitive Damages Claim definition

Punitive Damages Claim means any Claim for damages other than compensatory damages, including without limitation a Claim for damages under Ala. Code § 6- 5-410 or Ala. Code § 6-11-20.
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Punitive Damages Claim means any Claim for damages other than compensatory damages, including, without limitation, a Claim for damages under O.C.G.A. § 51-12-5.1.
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Examples of Punitive Damages Claim in a sentence

  • No. 21), the Motion for Partial Summary Judgment to Dismiss Count II of the Complaint Alleging Fraud and Intentional Misrepresentation and Punitive Damages Claim (Doc.

  • The Division reviews the request for conformance with the credit provision requirements and then forwards it to Headquarters for approval action.

  • Although Ameriquest’s motion for summary judgment on the RESPA claim will be granted, genuine issues of material fact remain as to Jefferies’s TILA, HOEPA, and FCEUA claims.Thus, Ameriquest’s motion for summary judgment on the UTPCPL claim on the basis that the TILA, HOEPA, and FCEUA claims fail will also be denied.J. Punitive Damages Claim (Count IX) Jefferies also brings a claim for punitive damages, and Ameriquest argues that a claim for punitive damages is not an independent cause of action.

  • Defendants and Third-Party Plaintiffs’ Motion for Dismissal of Plaintiffs’ Punitive Damages Claim (Doc.

  • Therefore, the Court will not dismiss either the civil conspiracy claim or the aiding and abetting claim.E. Punitive Damages Claim Count VIII Finally, Defendants argue that Count VIII should be dismissed.

  • As a result, the Court denies Dollar General’s motion for summary judgment on Walters’ negligence claim.B. Walters’ Punitive Damages Claim In addition to compensatory damages for Dollar General’s alleged negligence, Walters seeks punitive damages.

  • Because of the lack of evidence, the Crosby interests are entitled to partial summary judgment dismissing Kathy Randle’s survival damages claim for pain and suffering.C. The Claimants’ Punitive Damages Claim (R.

  • KEYES, United States Magistrate Judge INTRODUCTION This matter is before the Court on the following motions: (1) Defendants and Third-Party Plaintiffs’ Motion for Dismissal of Plaintiffs’ Punitive Damages Claim (Doc.

  • Accordingly, no later than April 30, 2015, Defendants shall submit to the Court proof of attorneys fees and costs spent in defending against the Equal Protection Claim.b. Punitive Damages Claim In their initial Answer and the Answer to the Amended Complaint, Defendants correctly maintained that the Defendants in their official capacity and Washington County were not subject to punitive damages.

  • The Wichansky Disputed Claim (as defined in Section 1.732 of the Plan) consists of (1) the District Court Judgment, other than the Wichansky Disputed Punitive Damages Claim; minus (2) offsets against the District Court Judgment3 based on the State Court Judgment.

Related to Punitive Damages Claim

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Direct Damage has the meaning given to it in clause 26.2;

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Indirect Losses means loss of profits, loss of production, loss of business, loss of business opportunity, or any claim for consequential loss or for indirect loss of any nature;

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Indemnified Claims shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Indemnified Claim has the meaning set forth in Section 8.2.

  • Noneconomic damages ’ means damages for phys-

  • Indemnification Claim has the meaning set forth in Section 12.3.

  • Causes of Action means any claims, interests, damages, remedies, causes of action, demands, rights, actions, suits, obligations, liabilities, accounts, defenses, offsets, powers, privileges, licenses, liens, indemnities, guaranties, and franchises of any kind or character whatsoever, whether known or unknown, foreseen or unforeseen, existing or hereinafter arising, contingent or non-contingent, liquidated or unliquidated, secured or unsecured, assertable, directly or derivatively, matured or unmatured, suspected or unsuspected, in contract, tort, law, equity, or otherwise. Causes of Action also include: (a) all rights of setoff, counterclaim, or recoupment and claims under contracts or for breaches of duties imposed by law; (b) the right to object to or otherwise contest Claims or Interests; (c) claims pursuant to sections 362, 510, 542, 543, 544 through 550, or 553 of the Bankruptcy Code; and (d) such claims and defenses as fraud, mistake, duress, and usury, and any other defenses set forth in section 558 of the Bankruptcy Code.