liquidated damages clause example

2052 results for liquidated damages clause example

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  • 8 C.F.R. 214.2 - Special requirements for admission, extension, and maintenance of status
  • 324 U.S. 697 (1945), 445, Brooklyn Savings Bank v. O'Neil

    ...'s written waiver of his right to liquidated damages under § 16(b) of the Fair Labor ... enacted as the Fair Labor Standards Act, a clause providing that any agreement for waiver of ... See, for example, 33 U.S.C. § 914(e) and (f); 46 U.S.C. 506; ...

  • 518 U.S. 267 (1996), 95-345, United States v. Ursery

    ... and Wren, holding that the Double Jeopardy Clause prohibits the Government from both punishing a ... violation, double the Government's actual damages, and court costs. The court concluded that ... are designed as a rough form of "liquidated damages" for the harms suffered by the. . ... civil penalty involved in Halper, for example, provided for a fixed monetary penalty for each ...

  • MORAL DIVERSITY AND EFFICIENT BREACH.

    ... contracts and paying the price in damages when doing so is in their self-interest. The ...For example, millions of homeowners refused to breach their ... the practical impact of an exit clause. It presents the results of two experimental ... an explicit alternative like a liquidated-damages clause. Some theorists view such ...

  • 419 F.3d 543 (6th Cir. 2005), 04-1916, In re Dow Corning Corp.

    ... were not timely, Dow Corning suggested a clause requiring payments of $100 per day to each ... to the contractual provision of liquidated damages had not been met. Bear Stearns now ...For example, under this clause, if Dow Corning failed to make ...

  • 159 F.3d 573 (Fed. Cir. 1998), 97-1436, James v. Caldera

    ... respect to claims other than for money damages and that it excludes a waiver of sovereign ... his action arose under "the due process clause of the Fifth Amendment to the U.S. Constitution, ... with the United States, or for liquidated or unliquidated damages in cases not sounding in ...Thus, for example, the preamble to the complaint states, inter ...

  • 457 U.S. 731 (1982), 79-1738, Nixon v. Fitzgerald

    ...Respondent thereafter filed suit for damages in Federal District Court against various Defense ... $142,000; respondent agreed to accept liquidated damages of $28,000 if this Court ruled that ... of immunity under the Speech and Debate Clause); Abney v. United States , 431 U.S. 651 (1977) ...34 For example, while courts generally have looked to the common ...

  • 527 U.S. 706 (1999), 98-436, Alden v. Maine

    ... to authorize private suits for money damages would also strain States' ability to govern in ...III), and sought compensation and liquidated damages. While the suit was pending, this Court ...clause] can have no operation but this—to give a ...The Massachusetts Legislature, for example, denounced the decision as "repugnant to the ...

  • Notice and remedies in copyright licensing.

    ...(189) What are the expectation damages for misuse of a work given away for free? (190) ... physical possession of a photograph, for example, knows (or ought to know) in light of the ... a common term like an educational-use only clause. A policymaker might decide that this term is ..., through a clause providing high liquidated damages--to increase the likelihood of ...

  • 350 U.S. 148 (1956), 46, Rex Trailer Co., Inc. v. United States

    ... of the Government to allege specific damages did not preclude the recovery here. Pp. 152-153. ... . jeopardy clause prohibits merely punishing twice, or attempting a ...Cotton v. United States, 11 How. 229. Liquidated damages are a well known remedy, and in fact ...In all building contracts, for example, Congress has required the insertion of a ...

  • 570 U.S. 48 (2013), 12-25, Maracich v. Spears

    ... from (b)(4)’s examples of permissible litigation uses—. "service ... provision existed, under the Supremacy Clause, it would not. protect respondents from ...As to civil liability, the amount of damages. sought in the complaint is based on the ... not only to astronomical liquidated damages, §. 2724(b)(1), but to criminal ...

  • 527 U.S. 815 (1999), 97-1704, Ortiz v. Fibreboard Corp.

    ...'s to thousands of claims for compensatory damages each year. Fibreboard engaged in litigation with ... that both the disputed insurance asset liquidated by the $1.535 billion global settlement, and, ...Proc. 23(b)(1)(B). [ 13 ] Classic examples. . of such a risk of impairment may, for ... pursuant to Rule 23(e) and the Due Process Clause, see id., at 511a; see generally Amchem, ...

  • 369 F.3d 34 (2nd Cir. 2004), 02-9185, United States Fidelity and Guar. Co. v. Braspetro Oil Services Co.

    ...-complex bench trial that resulted in a damages award of over $370 million and generated a record ...-claimants-appellees $62,592,000 in liquidated damages and $36,730,905 in attorneys' fees and ..., and failure to comply with "contract clauses, specifications, designs[,] or deadlines." Id. ...For example, the Consortium did not close on the purchase of ...

  • 460 U.S. 226 (1983), 81-554, Equal Employment Opportunity Commission v. Wyoming

    ... of Congress' powers under the Commerce Clause, both on its face and as applied in this case, ... and injunctive relief, backpay, and liquidated damages on behalf of Mr. Crump and others ...For example, mandatory retirement is still the rule in the ...

  • 463 U.S. 206 (1983), 81-1748, United States v. Mitchell

    ... in the Court of Claims seeking to recover damages from the United States for alleged mismanagement ... with the United States, or for liquidated or unliquidated damages in cases not sounding in ...16 .         For example, in United States v. Testan, supra, two ... for damages under the Just Compensation Clause where, acting as a fiduciary manager, it has ...

  • 724 F.2d 227 (1st Cir. 1983), 83-1292, Barry Wright Corp. v. ITT Grinnell Corp.

    ..., in turn, agreed to a non-cancellation clause that would have made it especially onerous for ...Suppose, for example, a firm cuts prices to unsustainably low ... to a contract have a right to collect damages for breach. And, they can insert a liquidated ...

  • 386 U.S. 503 (1967), 371, Crown Coat Front Co., Inc. v. United States

    ... contract containing a standard "disputes" clause requiring the contracting officer to decide "any ...The changes clause, for example, permits the Government to make changes in ... suit in the Court of Claims to recover damages. The Court held that it did. According to the ... administrative determination of the liquidated damages due the Government, it seems apparent ...

  • 18 F.3d 403 (7th Cir. 1994), 93-2002, Matter of Udell

    ... the right to both an injunction and liquidated damages:. In the event of Udell's actual or ... ambiguous and follow the Court's example by examining the legislative history of Sec. ...The buyer invoked a clause of the purchase agreement providing that the ...

  • 149 F.2d 130 (2nd Cir. 1945), 287, Doehler Metal Furniture Co. v. United States

    ...          'Article 5. Delays- Damages. If the contractor refuses or fails to make ... for Article 5 a provision for liquidated damages which, so far as here pertinent, reads as ..., pursuant to the above liquidated damage clause.          The government having refused ... us to view that thing as an instance or example of indefinitely repeatable patterns or types of ...

  • 258 F.3d 645 (7th Cir. 2001), 00-3648, Operating Engineers Local 139 v Gustafson Construction Co.

    ... in 1993, it contained an "evergreen" clause: if neither party terminated the contract, it ... there's other evidence of acceptance, for example (a very pertinent example) by performance, In re ... to the greater of that interest or "liquidated damages provided for under the plan in an amount ...

  • 292 F.3d 992 (9th Cir. 2002), 00-55954, Chodos v. West Publishing Co., Inc.

    ... lawyer, Chodos responded by suing for damages, first for breach of contract, and then, after ...For example, in late 1995 or early 1996, Farber instructed ... The first, the "acceptance clause," establishes that West may decline to publish ... is a sum of money constituting a liquidated debt; but full performance does not make ...

  • 154 F.3d 259 (5th Cir. 1998), 97-10955, Bernard v. IBP, Inc. of Nebraska

    ... and former maintenance workers monetary damages for IBP's violations of the Fair Labor Standards ... district court did not err in awarding liquidated" damages to the plaintiffs. We affirm.      \xC2"..., is subject to Article 10's arbitration clause. The plaintiffs argue that their suit is one to ...For example, an office employee who is required to eat at his ...

  • 770 F.3d 1331 (10th Cir. 2014), 13-1256, Niemi v. Lasshofer

    Plaintiffs-appellees John Niemi, Robert Naegele, III, and Jesper Parnevik claimed that defendants-appellants Erwin Lasshofer and three companies affiliated with him, along with other co-conspirators, perpetrated a fraudulent financing scheme that caused the collapse of Plaintiffs’ large-scale real estate development project in Breckenridge, Colorado. The district court rejected Defendants’...

    ..." ), and contained a confidentiality clause prohibiting Niemi from discussing the project ... court conducted a hearing to determine damages. Niemi testified and presented a report (the " ...For example, Burgess forwarded Niemi a November 2009 letter ... hearing unless the amount claimed is a liquidated sum or one capable of mathematical calculation." ...

  • 551 F.2d 1026 (5th Cir. 1977), 75-1794, E. C. Ernst, Inc. v. Manhattan Const. Co. of Texas

    ...        I. Ernst's claim for damages.         Ernst's principal ground for ... a reformulation of the common "no damage" clause in construction contracts whereby one party ... been charged for them under the liquidated damage formula.         Ernst also ...Fairbanks, for example, claims that its fraud caused no delays in the ...

  • 63 F.3d 262 (3rd Cir. 1995), 94-5569, Cooper Distributing Co., Inc. v. Amana Refrigeration, Inc.

    ... liability on all four counts and awarded damages as follows: (1) $4.375 million on Cooper's NJFPA ...For example, sales manager Nathan explained that it was not ... was awarded in contract cases only on liquidated damages. See George H. Swatek, Inc. v. North Star ... the majority relies is the reservation clause. Here Amana did indeed reserve the right to make ...