Certainly BP and the other companies involved should be liable, but for actual damages.
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"This case has never been about compensating people for actual damages, " says Tony Cudmore, an Exxon spokesman.
Requiring better proof of actual damages, and making it harder for plaintiffs to get preliminary injunctions that force settlements.
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The plaintiff would have to claim actual damages, such as monetary losses.
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It has lamentably little to do with recovering actual damages for shareholders.
While the first two prongs of the FDUTPA could be argued in favor of the Plaintiff, the third factor of showing actual damages will be a difficult task.
The suits are based not on actual damages, but on the claim that owners are entitled to money because their cars are worth less than they paid for them.
In violation of basic legal principles, settlement funds are to be distributed in small portions to all who had the potential to be harmed, not in proportion to actual damages.
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If your case is not settled but goes to trial, and the jury finds for you on liability, then the jury may award you such actual damages as it finds you have proved, as well as attorney fees and other costs of the action.
The proposal limits Y2K failure damages to actual business losses for companies that meet reasonable criteria.
The case is moving into its second phase to determine if TVA is liable for damages beyond the actual clean up.
Such a lawsuit can sound in defamation and negligence, among other theories, and it can seek actual as well as punitive damages, and attorney fees and other costs of the action.
The consequence of allowing individuals with no injury to be plaintiffs, and to sue for damages set by statute and not tied to any actual loss, is to allow the aggregation of large numbers of claims, giving rise to vast potential liability and undermining the just adjudication of claims.
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