compensatory damages


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compensatory damages

Damages intended to compensate the injured party for the harm suffered.Contrast with punitive damages to punish the wrongdoer,and nominal damages awarded to recognize that a right was violated or a duty breached,but no harm done.
References in periodicals archive ?
US District Judge Carl Barbier, who oversees multistate litigation over the spill, agreed with Transocean that the Swiss driller was not responsible for compensatory damage claims raised by third parties for oil spilled below the ocean surface.
The latter belong in the category of non-economic or general compensatory damages, as are hedonic damages that address the value of a life lost or truncated.
BMW appealed, contending that the 1,000-to-1 ratio of punitive to compensatory damages violated due process.
This, however, puts the company in the untenable posture of claiming that, for economic losses, the CWA somehow preempts punitive damages, but not compensatory damages.
ATLA's amicus brief by Senior Litigation Counsel Jeffrey White argues that because compensatory damages often do not reflect actual harm (due to damages caps, limits on wrongful death damages, and so forth), the historic policy that punitives served requires courts to focus on actual harm rather than follow arbitrary ratios.
Haslip (4) the Court had concluded that punitive awards of more than four times the amount of compensatory damages "might be close to the line of constitutional impropriety," and that the 4:1 ratio had been cited in BMW of North America Inc.
A recent subcommittee hearing focused on the court's indication that punitive damages could be limited by establishing a ratio of punitive damages to compensatory damages in the single digits.
5 million on top of $800,000 in compensatory damages to the family of Jesse Williams, a longtime Marlboro smoker - a ratio of more than 99 to 1.
In addition to the compensatory damages Gambro expected additional expenses of approximately USD2m.
The second tier is limited to $4 million or four times the amount of compensatory damages, whichever is greater, if the defendant's wrongful conduct was motivated solely by unreasonable financial gain, and the unreasonably dangerous nature of the conduct was actually known by the managing agent or officer.
Plaintiff's counsel took the case on a fully contingent basis, and expended well over $1 million dollars [sic] in time and expenses on a case in which, as plaintiff's counsel puts it, `[a]nticipated compensatory damages were not necessarily substantial, and the availability of punitive damages was purely speculative.
The Court noted that the Civil Rights Act of 1991 provides victims of intentional discrimination the right "to a jury trial, at which it may recover compensatory damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other nonpecuniary losses, as well as punitive damages.