liquidated damages clause example
1945 results for liquidated damages clause example
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467 U.S. 986 (1984), 83-196, Ruckelshaus v. Monsanto Co.
... is protected by the Taking Clause of the Fifth Amendment. Despite ... they are disclosed -- for example, as bases from which to develop new ... the United States, or for liquidated... liquidated or unliquidated damages...
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518 U.S. 267 (1996), 95-345, United States v. Ursery
... that the Double Jeopardy Clause prohibits the Government from both ... the Government's actual damages, and court costs. The court ... as a rough form of "liquidated damages" for the harms suffered by ... involved in Halper, for example, provided for a fixed monetary ...
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540 U.S. 614 (2004), 02-1377, Doe v. Chao
...$1,000, the minimum statutory damages award under 5 U.S.C. § 552a(g)(4). ... sustained." When the next clause of the sentence containing such an ...(by in camera inspection, for example), § 552a(g)(3)(A). ... of authorizing true liquidated damages remedies. See, e.g., ...
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528 U.S. 62 (2000), 98-791, Kimel v. Florida Bd. of Regents
...' suits sought money damages for respondents' alleged ... Congress' Article I Commerce Clause power. Congress' powers under ...For example, an employer may rely on age where ... sought backpay, liquidated damages, and permanent salary ...
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457 U.S. 731 (1982), 79-1738, Nixon v. Fitzgerald
... thereafter filed suit for damages in Federal District Court against ... agreed to accept liquidated damages of $28,000 if this Court ... under the Speech and Debate Clause); Abney v. United States , 431 U.S. ...34 For example, while courts generally have looked ...
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350 U.S. 148 (1956), 46, Rex Trailer Co., Inc. v. United States
... to allege specific damages did not preclude the recovery here. ... . jeopardy clause prohibits merely punishing twice, or ...229. Liquidated damages are a well known remedy, and ... all building contracts, for example, Congress has required the insertion ...
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460 U.S. 226 (1983), 81-554, Equal Employment Opportunity Commission v. Wyoming
...' powers under the Commerce Clause, both on its face and as applied in ... relief, backpay, and liquidated damages on behalf of Mr. Crump and ...For example, mandatory retirement is still the ...
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463 U.S. 206 (1983), 81-1748, United States v. Mitchell
... of Claims seeking to recover damages from the United States for alleged ... the United States, or for liquidated or unliquidated damages in cases not ...16 . For example, in United States v. Testan, supra, ... under the Just Compensation Clause where, acting as a fiduciary ...
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386 U.S. 503 (1967), 371, Crown Coat Front Co., Inc. v. United States
... a standard "disputes" clause requiring the contracting officer to ...The changes clause, for example, permits the Government to make ... Court of Claims to recover damages. The Court held that it did. ... determination of the liquidated damages due the Government, it seems ...
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570 U.S. 48 (2013), 12-25, Maracich v. Spears
... from (b)(4)s examples of permissible litigation uses—. ... existed, under the Supremacy Clause, it would not. protect ... liability, the amount of damages. sought in the complaint is ... not only to astronomical liquidated damages, §. 2724(b)(1), but ...
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369 F.3d 34 (2nd Cir. 2004), 02-9185, United States Fidelity and Guar. Co. v. Braspetro Oil Services Co.
... trial that resulted in a damages award of over $370 million and ...-appellees $62,592,000 in liquidated damages and $36,730,905 in ... to comply with "contract clauses, specifications, designs[,] or ...For example, the Consortium did not close on the ...
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18 F.3d 403 (7th Cir. 1994), 93-2002, Matter of Udell
... to both an injunction and liquidated damages:. In the event of Udell's ... and follow the Court's example by examining the legislative history ...The buyer invoked a clause of the purchase agreement providing ...
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149 F.2d 130 (2nd Cir. 1945), 287, Doehler Metal Furniture Co. v. United States
...Delays- Damages. If the contractor refuses or fails ... Article 5 a provision for liquidated damages which, so far as here ... the above liquidated damage clause. The government ... that thing as an instance or example of indefinitely repeatable patterns ...
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258 F.3d 645 (7th Cir. 2001), 00-3648, Operating Engineers Local 139 v Gustafson Construction Co.
..., it contained an "evergreen" clause: if neither party terminated the ... evidence of acceptance, for example (a very pertinent example) by ... of that interest or "liquidated damages provided for under the plan ...
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551 F.3d 1233 (11th Cir. 2008), 07-12398, Morgan v. Family Dollar Stores, Inc.
... and an equal amount in liquidated damages. Because ...For example, Plaintiffs refused to turn over ... error even though an isolated clause may be inaccurate, ambiguous, ...
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The Court Of Appeal In England & Wales Curtails Use Of Liquidated Damages For Delay
...] EWCA Civ 230 has shattered orthodox thinking on how to apply a clause imposing liquidated damages for delay to completion in circumstances where ...Using the Design & Build form as an example, possible amendments (in bold) would be:. 2. 29.2 - Delete lines 1 and ...
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154 F.3d 259 (5th Cir. 1998), 97-10955, Bernard v. IBP, Inc. of Nebraska
... maintenance workers monetary damages for IBP's violations of the Fair ... did not err in awarding liquidated damages to the plaintiffs. We ... to Article 10's arbitration clause. The plaintiffs argue that their ...For example, an office employee who is required ...
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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’...
... contained a confidentiality clause prohibiting Niemi from discussing ... a hearing to determine damages. Niemi testified and presented a ...For example, Burgess forwarded Niemi a November ... the amount claimed is a liquidated sum or one capable of mathematical ...
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MORAL DIVERSITY AND EFFICIENT BREACH.
... and paying the price in damages when doing so is in their ...For example, millions of homeowners refused to ... practical impact of an exit clause. It presents the results of two ... alternative like a liquidated-damages clause. Some theorists view ...
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551 F.2d 1026 (5th Cir. 1977), 75-1794, E. C. Ernst, Inc. v. Manhattan Const. Co. of Texas
...damages. Ernst's principal ... of the common "no damage" clause in construction contracts whereby ... for them under the liquidated damage formula. ...Fairbanks, for example, claims that its fraud caused no ...
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697 F.2d 743 (7th Cir. 1983), 81-2564, Orzel v. City of Wauwatosa Fire Dept.
... his consequent award of liquidated damages under 29 U.S.C. Sec. 626(b). ... statutes, the Supremacy Clause dictates that federal law prevail. ...For example, in 1976, the court in Aaron v. ...
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The expectation remedy and the promissory basis of contract.
..., it has been suggested, for example by Hume, that such a generative ... should reject expectation damages in favor of a narrower reliance ... thus an implied-in-fact liquidated damages clause that establishes the ...
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508 F.3d 181 (4th Cir. 2007), 05-1091, Anderson v. Sara Lee Corp.
... of, inter alia: compensatory damages, including back pay; penalties and ... present in this case: for example, claims brought by employers against ...The Supremacy Clause of the Constitution renders federal ... actions for unpaid wages, liquidated damages, and injunctive relief; and ...
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545 F.3d 114 (2nd Cir. 2008), 07-0050, Vacold LLC v. Cerami
... that the following release clause in the June 1 stock purchase ...For example, one factor common to both ... to tender and an award of damages. We disagree because the inclusio ... amount of rent was a liquidated damages provision; because “ ...