action on the case for wilful injury

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1.845 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
- 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
- Industrial Action - Best Practice Guide.
... is protected no longer exists, as was the case previously under the former legislative regime. . ...Personal injury . Wilful or reckless destruction of or damage to p...
- Mondaq Business Briefing
- Nbr. 2012, January 2012

- 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
- 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
- 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
- Armando Ruiz-Lopez v. Eric Holder, Jr., (6th Cir. 2012)
... of removal and that the circumstances of the case did not warrant a favorable exercise of discretion... the BIA's decision as the final agency action. . Kellermann v. Holder, 592 F.3d 700, 702 (6th Ci... Any driver of a motor vehicle who wilfully fails or refuses to immediately bring his ... such an attempt resulted in a threat of injury to persons other than the defendant or the pursuin...
- Federal Circuits
- 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