9 results for 'cat:"Damages" AND cat:"Assault"'.
J. Cogan reaffirms a jury’s verdict in which they awarded six women $500,000 each plus punitive damages after finding a bond trader had violated the Trafficking Victim Protection Act when he brought them to his New York City penthouse and forced them to engage in brutal, sadomasochistic sex acts. The court finds the trader’s argument that the Act did not apply to their claims as unpersuasive.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: March 20, 2024, Case #: 1:17cv6404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, damages, assault
J. Witt finds that the lower court properly ordered the state to release $8 million from the State Legal Expense Fund to satisfy a judgment in favor of a developmentally disabled man who was beaten with a plastic hanger by a state-employed nurse because he didn't want to go to bed. There is no requirement that state employees be performing their duties in good faith for the Fund to be available to satisfy the judgment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: December 12, 2023, Case #: WD86029, Categories: Government, damages, assault
J. Hodge grants an administrative assistant’s motion for default judgement in this case against her boss, who hired her to work out of his home office, then walked around naked and propositioned her for sex. An award of damages is appropriate based on the severity of evidence the assistant presented.
Court: USDC Eastern District of Pennsylvania, Judge: Hodge, Filed On: October 5, 2023, Case #: 2:22cv3131, NOS: Employment - Civil Rights, Categories: Employment, damages, assault
J. Africk awards $53,687 in unopposed damages to a freshman college student who was punched, choked and beaten in his dorm room by another man, who has not answered the lawsuit, without any justification, resulting in his jaw being wired shut for two months. The student spent weeks in significant pain and months on a liquid diet, and during his recovery he “missed a part of the freshman college experience.”
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: August 29, 2023, Case #: 2:22cv4056, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: damages, assault
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J. Stratton finds that the trial court properly dismissed a lawsuit alleging that a teacher "manhandled" a student because the student's school district complaint form did not meet the requirements of the Government Claims Act. In the school district complaint the student sought administrative actions but failed to make a claim for damages or threaten litigation. And the school did not waive its right to assert noncompliance with the Act since the student knew of the claim defects while there was still time to file a late claim. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: August 28, 2023, Case #: B318012, Categories: Education, damages, assault
J. Baker holds that the trial court should have allowed jurors to consider potential racial motivations in deciding punitive damages imposed on a white defendant found liable for assault and battery on his Native American neighbor. The probative value of any racial motivations outweighed the danger of prejudice, and a jury is entitled to be aware of all the circumstances behind an intentional tort when awarding damages, particularly since it had already determined that defendant acted with malice. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: August 22, 2023, Case #: DA 22-0701, Categories: Native Americans, damages, assault
J. Morrison preserves a jury’s verdict that found in favor of a housekeeper and her claims for assault, battery and deliberate indifference against New York City and four officers stemming from injuries she suffered while in police custody. The jury subsequently awarded her $400,000 in total damages, which included an award of $100,000 in punitive damages against each officer for her deliberate indifference claim. The court finds that, even though the parties’ account of the assault greatly differed, there was ample evidence for the jury to conclude the officers attacked her while she was handcuffed in a juvenile room awaiting questioning for an unrelated drug charge. The court further finds the $100,000 award was not unreasonable.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: July 19, 2023, Case #: 1:16cv79, NOS: Other Civil Rights - Civil Rights, Categories: damages, assault, Police Misconduct
J. Kaplan denies former President Trump's request to reduce the jury's $2 million award to Jean Carroll for sexually assaulting her. The jury unequivocally found that Trump deliberately penetrated Carroll's vagina with his fingers, which is the common definition of "rape" even if it does not legally count as "rape" under New York law. Trump's claims that the jury found he merely groped Carroll is entirely untrue, and the damages award is not excessive.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: July 19, 2023, Case #: 1:22cv10016, NOS: Other Personal Injury - Torts - Personal Injury, Categories: damages, assault