avoidable consequences defense

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701 documents for avoidable consequences defense

- Williams v. Kondziela, (Ohio 2004)
DAMAGES - liquidated damages; compensatory damages; duty to mitigate; doctrine of avoidable consequences; affirmative defense.
- Ohio Supreme Court
- Pennsylvania State Police v. Suders, 542 U.S. 129 (2004)
..., the employer may raise an affirmative defense to liability. To prevail on the basis of the defen..., the Court observed, accommodates the "avoidable consequences" doctrine Title VII "borrows from tor...
- U.S. Supreme Court
- Rep. Linda T. Sanchez Holds a Hearing On H.R. 3010, the Arbitration Fairness Act of 2007
... out some of the serious issues and consequences of H.R. 3010. In June, we held a hearing on manda... nursing home residents who suffer from avoidable pressure ulcers, some literally as big as pie plat... balance between, especially plaintiff and defense as possible. What you try to do is get senior res...
- Political Transcript Wire
- August 21, 2009

- Gebser v. Lago Vista Independent School Dist., 524 U.S. 274 (1998)
... any question concerning the affirmative defenses that might eliminate or mitigate the recovery of d...In line with the tort law doctrine of avoidable consequences, see generally C. McCormick, Law of D...
- U.S. Supreme Court
- Bruesewitz v. Wyeth LLC, 562 U.S. (2011)
... thestatute establishes as a complete defense must be unavoidability (given safe manufacture a...Opinion of the Court others are avoidable."38 That is not so. The "if" clausemakes total se... leads to veryserious and damaging consequences when it is injected"; ------ 4 Comment k provides ...
- U.S. Supreme Court
- 35 Fed. R. Evid. Serv. 1193, Prod.Liab.Rep. (Cch) P 13,195 Tina Barron, Plaintiff-Appellant, v. Ford Motor Company of Canada Limited, Defendant-Appellee., 965 F.2d 195 (7th Cir. 1992)
... of damages) goes by the name "avoidable consequences." Brooks v. Allison Division, 874 F.2... provided a seatbelt system as its main defense against the type of injury that occurred in this c...
- Federal Circuits
- Karen Robinson v. McNeil Consumer H, (7th Cir. 2010)
... deems contributory negligence a complete defense to a claim of negligence. E.g., Litchford v. Hanco... of the disease) recited its horrific consequences. But then the label would have had to describe as ... negligence but only of failure to avoid avoidable consequences, which is the tort counterpart to the...
- Federal Circuits
- A user's guide to the century.
...The adverse consequences can then include war, the spread of epidemic disea... institutions--such as ministries of defense--of the major powers are trained to see these cris... are rife with risks to peace and avoidable human tragedies like the 10 million children each ...
- The National Interest
- Nbr. 2008, May 2008
- Federal Insurance Company, as Subrogee of Commonwealth Oil Refining Co., Inc., Plaintiff-Appellant-Cross-Appellee, v. Sabine Towing & Transportation Co., Inc., Defendant-Appellee-Cross-Appellant., 783 F.2d 347 (2nd Cir. 1986)
... has less dire (and less costly) consequences. A cargo contaminated beyond the specification lim... by application of the doctrine of "avoidable consequences." Restatement (Second) of Torts Sec. ..., which traditionally provides a defense to a negligence action, the rule of avoidable cons...
- Federal Circuits
- Antoine Hubert Provancial, Appellant, v. United States of America, Appellee., 463 F.2d 760 (8th Cir. 1972)
... have used at most the doctrine of avoidable consequences. Cited are 22 Am.Jur.2d, Damages, Sec... of avoidable consequences is not a defense but merely a rule of damages by which some items o...
- Federal Circuits