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California Civil Code § 3369, enacted in 1872, was California's early unfair competition statute. It "addressed only the availability of civil remedies for business violations in cases of penalty, forfeiture, and criminal violation." [3] A 1933 amendment expanded the law to prohibit "any person [from] performing an act of unfair competition."
The California Consumers Legal Remedies Act ("CLRA") is the name for California Civil Code §§ 1750 et seq. [1] The CLRA declares unlawful several "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer". [2]
In many states, including California and Texas, punitive damages are determined based on statute; elsewhere, they may be determined solely based on case law. Many state statutes are the result of insurance industry lobbying to impose "caps" on punitive damages; however, several state courts have struck down these statutory caps as ...
In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Treble damages are usually a multiple of, rather than an addition to, actual damages, but on occasion they are additive, as in California Civil Code § 1719.
A San Bernardino County jury this week ordered Walmart to pay driver Jesus "Jesse" Fonseca $25 million in punitive damages, plus $9.7 million for future non-economic losses including enjoyment of ...
For example, compensatory damages may be awarded as the result of a negligence claim under tort law. Expectation damages are used in contract law to put an injured party in the position it would have occupied but for the breach. [7] Compensatory damages can be classified as special damages and general damages. [8]
The trial court instructed the jury that it had to find the "actual malice" (as defined in California state law) "by a preponderance of the evidence" to award punitive damages. The jury awarded Burnett $300,000 in compensatory damages and $1.3 million in punitive damages. The trial court reduced this to $50,000 in compensatory damages and ...
California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.