words, all costs properly awardable
in an action are to be
(18) Butterworths, Halsbury's Laws of Australia, vol 9 (at 1 July 2003) 135 Damages, '6 Factors Inflating Compensatory Damages' [135-610] (awardable
in defamation actions).
1981) (prejudgment interest not awardable
in antitrust damage actions except in limited circumstances allowed by statute); Schneider, supra note 26, at 1299-1300 (no adjustment of pretrial losses, but posttrial losses must be discounted).
As to whether emotional damages are awardable
in a jury trial pursuant to F.S.
Instead, the court instructed the jury that a plaintiff "who demonstrated a reasonable fear of cancer related to proven physical injury from asbestos was entitled to compensation for that fear as a part of the damages awardable
for pain and suffering."
impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation."); see also 16A WRIGHT ET AL., supra note 5, [section] 3984.1, at 646 ("The `just damages and single or double costs' mentioned in Rule 38 are awardable
by the court as a matter of discretion."); cf.
1995) (opting not to consider the legislative history of [section] 1981a, and instead relying strictly upon the common law rule in concluding that punitive damages are not awardable
under [section] 1981a(b)(1) absent actual damages).
City of Chicago.(55) The issue in Casey was whether a prevailing civil rights litigant was entitled to recover expert witness fees as part of the attorney's fees explicitly made awardable
under 42 U.S.C.
Depecage in this case frustrates the decision of the legislature of state X to condition recovery for wrongful death on capping the awardable
damages, reasoning that a large award would generate a windfall for the survivors.
A state juror-protection statute prohibiting discharge or discrimination because of jury duty may provide an appropriate statement of public policy sufficient to support a wrongful discharge action, even though the statute provides only criminal penalties for violations.(7) A wrongful discharge in violation of public policy usually constitutes a tort, for which compensatory and punitive damages are awardable
. Therefore, employers should be aware of the potential for liability far in excess of a slap-on-the-wrist fine for violations of a criminal statute protecting jurors from employment discrimination.
The Postal Service argued that even if it was liable for harassment, the employee was entitled to no damages beyond those awardable
under the Federal Employees Compensation Act, which is analogous to states' workers' compensation systems.
that attorney's fees are awardable
in private party response