Compensatory Damages Puns

I agree with the idea of punitive damages, but they should be paid as a tax back to the government that can be used for a better cause, or maybe even to a charity. The plaintiff will already have been awarded compensation for the wrong done to them, and any extra punitive damage is solely to punish the offender for particularly egregious behavior.

My hypothetical is this: a defendant is arrested and charged with a crime. Part of the real, non-confessional evidence used by the prosecutor at trial was obtained illegally (i.e. without a warrant or sufficient basis to conduct a search). There are two scenarios:

Scenario #1: The defendant is found guilty

Suppose the illegally obtained evidence is used to convict the defendant, and the defendant seeks monetary damages on the theory that he was convicted on the basis of illegally obtained evidence. Is the defendant entitled to:

• Nominal damages on the basis that his human rights were violated?
• Reimbursement of legal costs incurred that would not have been incurred had the illegally obtained evidence not been used?
• Compensatory damages, on the basis that the defendant must now spend time in prison that he would not have spent had the illegally obtained evidence not been used?
• Exemplary damages, so as to deter the police from violating the rights of others in a similar fashion?

Scenario #2: The defendant is found not guilty

Same questions regarding damages, but the defendant in this case was taken to trial and was found "not guilty." Can the defendant claim anything other than nominal damages, since he was not, in fact, harmed the violation his rights?

I have tried to find the answer to this question online but the results have been mixed. I don't want to waste my attorney's time if I don't even have legal grounds for a lawsuit.

MODS: I hope that asking about what kind of attorney to talk to doesn't constitute legal advice. If it does, let me know, and I'll take down the post.

The specific incident involves an unauthorized disclosure of PHI to a third party; I'm hesitant to give any more information than that, as it would probably veer off into legal advice. Still, if more info is needed I will try to comply with that request.

Thank you.

This weekend I got hit by a car while crossing the street. The driver was distracted and didn’t see me in the crosswalk. I was very fortunate that they were not going very fast, I only ended up with a fractured wrist.

After it happened I told myself I wasn’t going to try and get a payday out of this, that I would just seek to be made whole for medical and other injury related expenses. However I have been slowly changing my mind, my hand hurts constantly, I have to wear a brace for potentially 6 weeks that pretty much makes my left hand useless. I can’t play video games, I can’t effectively use my computer, pretty much everything I enjoy doing I can’t do and if I can it takes way more effort.

This has gradually had me thinking that I should maybe seek punitive damages. I have no idea exactly what I would seek, but I am setting up a consultation with a lawyer to discuss this whole mess. Part of me feels like if I did this though I would be an asshole, the driver was extremely upset they hit me. They stayed and called 911 for me and were honest when talking to the police. So WIBTA if I tried to get some punitive or compensatory damages added to the total?

As reported by the Associated Press, although clergy members and others are mandated to report sexual abuse, there is an exemption for "confidential confession". The Montana Supreme Court has reversed a lower court verdict which would have awarded compensation to a woman who had suffered continued abuse which was covered up by the Jehovah's Witnesses.

https://apnews.com/95b03b21a0c86f7ec1dfa25372e36f39

Can you sue for compensatory damages in small claims court?

By compensatory damages I mean things like:

• loss-of-use of a room (no clear financial cost)
• loss of income and damage to career
• loss of time resulting in damages to physical health
• consequences of stress
• damages to family well-being

The plaintiff and defendant must attempt to mediate (with a deputy judge presiding) prior to going to small claims court. Can you claim for compensatory damages in mediation prior to attending small claims court?

Granted, it was a horrible thing to do, but before punitive damages, the sum is already 14 times Hogan's net worth. How is it calculated?

How to evaluate General Compensatory Damages: pain and suffering, mental anguish?It's 2nd degree burn of my back.

Who and how can strip a masseur's license?

Pennsylvania, California.

I understand the former is equitable and the latter is legal; which, would mean a plaintiff would have to pursue compensatory damages first as the remedy, and if that is inadequate, then seek restitution? I guess the distinction is important in situations where personal property is unique/one of a kind. Sure, the plaintiff could seek compensation for it; but since it is irreplaceable, coming up with a fair price equivalent would be somewhat arbitrary, even if compared to a similar item/the market rate. And so, to make the plaintiff whole again, and not grant the defendant a windfall, a court would forgo damages and instead issue an injunction/order of replevin to return the property, correct? Is this the basic distinction between the two concepts that I need to understand? Thank you in advance.

Let me start off by saying I think Shen is in a perfectly fine spot where he is right now, especially in high elo and competitive, where skilled teammates and communication maximize his potential. He well deserves his reputation as "the duelist" among the tanks, and his ultimate is an absolute game-changer.

His early game damage is very respectable, and he can easily solo kills from levels 1-11. At the same time though, I feel like come mid and late game, Shen's damage falls off a cliff, to the point where he is basically a glorified taunt and ult bot, relying on his team's damage to carry him through teamfights. This is especially prevalent when your team is slightly or very far behind. Solid ults and 2, 3 or even 4 man taunts means nothing since Shen himself lacks the damage to follow up. Many times I feel compelled to absolutely have a titanic hydra in my games as a 2nd or 3rd item, lest my damage become irrelevant. There is a reason why that of the 55 top lane champions listed on champion.gg, Shen himself has consistently ranked at the absolute bottom, 55/55 in terms of damage dealt and with an average win-rate of only 48% in solo-queue.

What do you guys think? Does Shen deserve to have more damage? Again, I have to state, that Shen right now in his current state is absolutely fine.

As we've all read, Erin Andrews received a $55 million verdict. But what I can't find in any of the news stories is how the damages were broken down. Were punitive damages allowed? Some states allow them, and some do not.

The reason this matters: if punitive damages were NOT allowed in this context, and the jury awarded $55 million for compensatory damages alone, then it seems certain to me that the verdict will be reduced by the court of appeal for being excessive.

Anyone know the answer? Thanks.

Is there a pattern and practice of misconduct and cover-ups in the MCSD? The allegation the MCSD threatened the coroner in 2003 after she refused to write a false report to cover-up the fact a deputy ran over a (thank God) recently deceased pedestrian is, IMO, indicative of an organizational culture accustomed to playing fast and loose with facts, ethics, and the law.

Unless lying and covering up facts is a generally acceptable practice in the organization, no reasonable person, particularly a law enforcement officer, would think to suggest a coroner lie in a Report that will eventually be presented in court. It would violate the constitutional rights of the driver and would be prejudicial to the impartial administration of justice; IOW, if the victim was alive until the deputy hit him, (again, he was not) had the coroner lied and blamed the driver, because the driver had alcohol and pot in his system, the charges he faced would have gone from causing serious bodily injury to vehicular homicide. If the deputy's error, not the driver's negligence, caused the victim's death, the victim's family would have sued the Deputy and the County, not the driver. Something to ponder.