action on the case for wilful injury

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1.771 documents for action on the case for wilful injury

- Olympic Airways v. Husain, 540 U.S. 644 (2004)
... liable for a passenger's death or bodily injury caused by an "accident" occurring on an internatio... that there is often no distinction between action and inaction on the ultimate liability issue, see,... part in the consideration or decision of the case. . . OLYMPIC AIRWAYS, PETITIONER v. RUBINA H... cap does not apply in the event of "wilful mis-conduct or .. such default on [the carrier's...
- U.S. Supreme Court
- U.S. District Court Case Summaries: March 27, 2011
Civil Procedure Federal-State conflict

... children brought a Federal Tort Claims Act action against NNMC, alleging that the death of Captain W... care is the proximate cause of the alleged injury, within 90 days from the date of the complaint." [...: "Gross negligence has been equated with 'wilful and wanton misconduct,' a 'wanton or reckless disr...
- The Daily Record (Baltimore)
- April 03, 2011
- El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng, 525 U.S. 155 (1999)
... court, asserting a state-law personal injury claim for, inter alia, assault and false imprisonm...El Al removed the case to the Federal District Court, which dismissed the... precludes a passenger from maintaining an action for personal injury damages under local law when h... if the damage is caused by a carrier's "wilful misconduct." Ibid. 164. 164 EL AL ISRAEL AIRLINES,...
- U.S. Supreme Court

- Commissioner v. Schleier, 515 U.S. 323 (1995)
... § 104(a)(2): The underlying cause of action giving rise to the recovery must be "based upon to... of being "on account of" any personal injury, and no personal injury affected the amount of bac..."liquidated damages shall be payable only in cases of willful violations of this chapter." 29 U. S. C... even if the breach [of contract] is wilful or malicious, as long as the breach does not amoun...
- U.S. Supreme Court
- Rena Swanson v. Rhonda Wilson, (6th Cir. 2011)
... The district court concluded that this action was barred by the applicable statute of limitatio...The case was settled in 1990--at that time, Rena was nine y... a settlement agreement for a personal injury or wrongful death claim." It further detailed all ...Therefore, at the very least, Rhonda's wilful concealment of the settlement's existence and loca...
- Federal Circuits
- Nike, Inc. v. Kasky, 539 U.S. 654 (2003)
... questions apply with special force to this case. I. The first jurisdictional problem in this case ... litigation on the relevant cause of action,". 1 Notably, we recognized in Cox that in most,... court because he failed to allege any injury to himself that is "distinct and palpable." Warth..., the standard, it suggested, was one of "wilful or negligent disregard for the fact that reasonabl...
- U.S. Supreme Court
- Smith v. Wade, 461 U.S. 30 (1983)
...Punitive damages are available in a proper case under 1983. While there is little in the legislati... to assess punitive damages in a 1983 action when the defendant's conduct involves reckless or ..."Whenever the injury complained of has been inflicted maliciously or wa... to go farther, unless it was done wilfully, or was the result of that reckless indifference t...
- U.S. Supreme Court
- Bell Atlantic Corp. v. Twombly, 550 U.S. (2007)
.../or high speed Internet services in this action against petitioner ILECs for claimed violations of..., 475 U. S. 574. Pp. 6-7. . . (b) This case presents the antecedent question of what a plainti... student protests, "were guilty of wanton, wilful and negligent conduct." Krause v. Rhodes , 471 ... these plaintiffs have failed to allege an injury entitling them to sue for damages under those laws...
- U.S. Supreme Court
- Los Angeles v. Lyons, 461 U.S. 95 (1983)
... did not threaten death or serious bodily injury. The Court of Appeals affirmed. Held:. 1. The ca...362 . Pp. 101-113. (a) To satisfy the "case or controversy" requirement of Art. III, a plainti..., the Court of Appeals interpreted its action as based on lack of standing, i. e., that under O'... this involuntary death struggle from a wilful, voluntary resistance. Thus, an instruction to cea...
- U.S. Supreme Court
- Kawaauhau v. Geiger, 523 U.S. 57 (1998)
...for willful and malicious injury .. to another." Concluding that Geiger's treatment... from discharge for judgments in civil actions for "'willful and malicious injuries.''' The Tinke... to establish that a resulting injury is "wilful and malicious." See id., at 332. Finally, the Kawa...
- U.S. Supreme Court