Nominal Damages

533 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lassitter v. Int'l Union OF Operating Eng'rs
  349 So. 2d 622· Fla.· 1976-07-21 ·cited 242×
• Hobson v. Wilson
  737 F.2d 1· D.C. Cir.· 1984-06-08 ·cited 237×
  The court held that the District of Columbia and its employees can be sued under 42 U.S.C. § 1985(3), and that certain claims against FBI defendants were barred by the statute of limitations, while others against MPD defendants and the District lacked sufficient evidence.
• Familias Unidas v. Dolph Briscoe
  619 F.2d 391· 5th Cir.· 1980-06-18 ·cited 206×
  The court held that Texas Education Code § 4.28 is facially unconstitutional because it sweeps too broadly and infringes upon First Amendment rights of association and privacy. While actual damages were not proven, nominal damages are awarded for the infringement.
• Chatham Asset Mgmt., LLC v. Papanier
  Del. Ch.· 2017-12-22 ·cited 159×
  The Court granted in part and denied in part the defendants' motion to dismiss the Verified Amended Complaint. The Court found that Count I, alleging a breach of fiduciary duty of disclosure, stated a claim for relief, particularly concerning the possibility of nominal damages. H
• Paton v. la Prade
  524 F.2d 862· 3d Cir.· 1975-10-14 ·cited 139×
  The court held that the plaintiff had standing to challenge the FBI's maintenance of her file and that the district court erred in granting summary judgment on her damages claim, as factual issues remained regarding injury and the legality of the FBI's actions. The court also fou
• Hutchison v. Tompkins
  259 So. 2d 129· Fla.· 1972-02-23 ·cited 131×
  The Florida Supreme Court reversed the dismissal of a vendor's complaint alleging breach of a land sale contract and seeking recovery under a liquidated damages clause. The court resolved a conflict between prior precedent by holding that liquidated damages provisions should be e
• Williams v. Bennett
  689 F.2d 1370· 11th Cir.· 1982-10-29 ·cited 126×
  The court held that while prior litigation established unconstitutional prison conditions, individual defendants are not collaterally estopped from litigating their specific culpability. The court also affirmed the dismissal of state law claims against an inmate and the Eleventh
• Miller Mech., Inc. v. Ruth
  300 So. 2d 11· Fla.· 1974-07-10 ·cited 91×
  Where a trial court finds a non-compete agreement valid but unreasonable in scope, it should modify the agreement and grant an injunction, rather than awarding only nominal damages.
• Skehan v. Bd. OF Trs. OF Bloomsburg State Coll.
  501 F.2d 31· 3d Cir.· 1974-05-03 ·cited 90×
  The court held that a post-termination hearing does not satisfy due process requirements for contract termination and that nominal damages were improperly awarded for a procedural due process violation. The court also remanded for further findings on contractual rights related to
• Hortencia Bohen v. City OF E. Chicago
  799 F.2d 1180· 7th Cir.· 1986-08-28 ·cited 86×
  A city's deliberate failure to respond to complaints of sexual harassment against a female employee, while responding to other forms of misconduct, constitutes intentional discrimination violating the Equal Protection Clause.
• Wilson v. Taylor
  733 F.2d 1539· 11th Cir.· 1984-06-11 ·cited 86×
  The court held that dating is a constitutionally protected association under the First Amendment and that the award of $100,000 for procedural due process violations was grossly excessive.
• State of Wash. v. United States
  214 F.2d 33· 9th Cir.· 1954-06-01 ·cited 85×
  The court held that the trial court properly set aside the jury verdict because there was no substantial evidence to support a finding of reasonable necessity for replacing the condemned highway segment.
• Hoever v. Marks
  993 F.3d 1353· 11th Cir.· 2021-04-09 ·cited 83×
  Conraad Hoever, an incarcerated prisoner, sued correctional officers for First Amendment retaliation after they threatened him for filing grievances, and a jury found in his favor but awarded only nominal damages because the Eleventh Circuit's prior precedent barred punitive dama
• Johnson v. Morel
  876 F.2d 477· 5th Cir.· 1989-07-05 ·cited 78×
  The district court erred in granting summary judgment; Johnson is entitled to trial on his equal protection and excessive force claims, and his state law claims must be reinstated.
• Isiah Carl Green v. McKASKLE
  788 F.2d 1116· 5th Cir.· 1986-05-05 ·cited 75×
  The court held that remedial court orders alone cannot serve as the basis for a § 1983 damage claim, and that certain claims of the prisoner plaintiff were improperly dismissed and should be remanded.
• Basiardanes v. City OF Galveston
  682 F.2d 1203· 5th Cir.· 1982-08-19 ·cited 69×
  The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
• Zelma Cason v. Baskin
  159 Fla. 31· Fla.· 1947-05-23 ·cited 69×
  Zelma Cason appealed a jury verdict for defendants Marjorie Kinnan Baskin and her husband, who published Cason's fictionalized portrayal in the autobiography "Cross Creek." The Florida Supreme Court reversed and awarded nominal damages, holding that while an invasion of privacy o
• Price v. The S. Home Ins. Co. of the Carolinas
  100 Fla. 338· Fla.· 1930-07-28 ·cited 67×
  The Florida Supreme Court reversed a directed verdict for an insurance company, holding that when an insurer uses varying descriptions of an insured building in its own policy language, ambiguities are interpreted against the insurer and in favor of the insured. Here, the company
• Ault v. Lohr
  538 So. 2d 454· Fla.· 1989-02-02 ·cited 66×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether punitive damages require an underlying compensatory damages award. The court held that a jury finding of liability alone is sufficient to support punitive damages, as it is equival
• Bonner v. Coughlin
  657 F.2d 931· 7th Cir.· 1981-08-20 ·cited 66×
  The court held that the district court erred in awarding a multiplier and excessive hours for attorneys' fees, but affirmed the grant of judgment notwithstanding the verdict for one defendant and the interest rate on the judgment.
• McGHEE v. Draper
  639 F.2d 639· 10th Cir.· 1981-01-16 ·cited 64×
  The court held that intervening Supreme Court precedent (Owen v. City of Independence) allows for compensatory damages and backpay against local government officials in their official capacities, even if they acted in good faith, for procedural due process violations. Reinstateme
• The Indus. Dev. Bd. OF the Town OF Section v. Fuqua Indus., Inc.
  523 F.2d 1226· 5th Cir.· 1975-11-24 ·cited 62×
  The court held that Van Heusen, having paid for the repairs, was subrogated to the Boards' claims against the contractor, and the trial court erred by instructing the jury solely on a third-party beneficiary theory.
• Huddleston v. Roger Dean Chevrolet, Inc.
  845 F.2d 900· 11th Cir.· 1988-05-20 ·cited 59×
  The court held that the employer is liable for sexual harassment by a supervisor, even without proof of constructive discharge, and that the district court erred in finding no prima facie case of harassment attributable to the supervisor.
• Norb J. Konczak and Linda Konczak v. Tyrrell
  603 F.2d 13· 7th Cir.· 1979-07-12 ·cited 58×
  The court held that the district court properly denied judgment notwithstanding the verdict on constitutional violations, but correctly granted judgment notwithstanding the verdict on punitive damages due to lack of evidence of willful or wanton misconduct. The attorney's fees aw
• Rev. P. P. Burt v. Abel
  585 F.2d 613· 4th Cir.· 1978-09-29 ·cited 58×
  The court held that due to intervening Supreme Court decisions, the case must be remanded for further proceedings regarding damages and potential claims against the school district, and for consideration of attorney's fees.
• Patkus v. Sangamon-Cass Consortium
  769 F.2d 1251· 7th Cir.· 1985-08-07 ·cited 57×
  The court held that the plaintiff's discharge was not a violation of her First Amendment rights regarding free speech or association, nor was it sex discrimination or a violation of equal pay laws. However, the court reversed the district court's judgment on the due process claim
• Laje v. R. E. Thomason Gen. Hosp.
  665 F.2d 724· 5th Cir.· 1982-01-14 ·cited 56×
  The hospital district is not entitled to Eleventh Amendment immunity, and the award for mental anguish due to procedural due process violations is affirmed, but the award for lost salary is reversed.
• Powell v. Ward
  643 F.2d 924· 2d Cir.· 1981-03-04 ·cited 52×
  The court held that the district court properly found the defendant in civil contempt for violating a prior injunction regarding inmate disciplinary procedures and appropriately ordered remedies, but modified the period for expungement of records.
• Int'l Ocean Tel. Co. v. Saunders
  32 Fla. 434· Fla.· 1893-06-01 ·cited 52×
  A telegraph company customer sued for damages after the company negligently delayed delivery of a telegram informing him of his wife's fatal illness, preventing him from attending her deathbed. The Florida Supreme Court reversed the judgment, holding that mental suffering alone,
• Fain v. Cartwright
  132 Fla. 855· Fla.· 1938-06-17 ·cited 51×
  In this negligence case arising from an automobile collision, the Florida Supreme Court affirmed a jury verdict for damages against the defendant for injuries and economic losses suffered by the plaintiff. The court upheld the trial court's evidentiary and procedural rulings, inc
• Perez v. Univ. OF Puerto RICO
  600 F.2d 1· 1st Cir.· 1979-06-19 ·cited 49×
  The court held that the district court erred in denying attorney's fees to prevailing plaintiffs based on 'special circumstances' when only nominal damages were awarded.
• Hogue v. Clinton
  791 F.2d 1318· 8th Cir.· 1986-05-27 ·cited 48×
  The court held that the plaintiff did not possess a property interest in continued employment under Arkansas law, but remanded for a determination of whether a liberty interest was violated due to public dissemination of stigmatizing reasons for termination.
• Kincaid v. Rusk
  670 F.2d 737· 7th Cir.· 1982-02-10 ·cited 48×
  The court held that a pretrial detainee's First and Fourteenth Amendment rights were violated by jail policies arbitrarily restricting access to reading material, and that the sheriff was not immune from liability for these violations.
• Lynch v. City OF Milwaukee
  747 F.2d 423· 7th Cir.· 1984-10-31 ·cited 46×
  The court held that the district court did not abuse its discretion in awarding attorney's fees, including a negative multiplier, despite the nominal damages awarded.
• Albritton v. State Farm Mut. Auto. Ins. Co. & Cheryl Lee Dannels
  382 So. 2d 1267· Fla. 2d DCA· 1980-04-11 ·cited 46×
  The Albrittons appealed a jury verdict awarding Tim $4,200 for personal injuries but zero dollars to Jean on her derivative claim for loss of consortium. The court affirmed the jury's findings on permanent disability and comparative negligence but reversed the zero-dollar award t
• Lou J. D'Iorio v. Cnty. OF Del. & Faith Ryan Whittlesey
  592 F.2d 681· 3d Cir.· 1978-12-20 ·cited 46×
  The court held that the district court should have abstained from deciding the constitutional claims until the relevant state law issues, particularly the interpretation of the Delaware County Home Rule Charter, were resolved by the Pennsylvania state courts.
• Tampa Elec. Co. v. Luella Ferguson and Her Husband
  96 Fla. 375· Fla.· 1928-08-01 ·cited 46×
  The Florida Supreme Court reversed an order granting a new trial to Tampa Electric Company after a jury initially found in favor of the company. The court found that while the plaintiff may have suffered only nominal damages, the evidence supported a cause of action, and a new tr
• Acrylicon USA, LLC v. Silikal GMBH
  985 F.3d 1350· 11th Cir.· 2021-01-26 ·cited 45×
  Acrylicon USA sued German flooring-resin manufacturer Silikal for breaching a 2010 settlement agreement by manufacturing and selling 1061 SW resin without permission, asserting claims for misappropriation of trade secrets and breach of contract. The Eleventh Circuit reversed the
• Ustrak v. Fairman
  781 F.2d 573· 7th Cir.· 1986-01-09 ·cited 45×
  The court held that a prisoner's claim of racial discrimination in disciplinary punishment and job denial failed due to lack of evidence, and while retaliation for complaints was proven, the damages awarded were excessive and unsupported.
• El Modello Cigar Mfg. Co. v. Gato
  25 Fla. 886· Fla.· 1889-06-01 ·cited 45×
  El Modello Cigar Manufacturing Company appealed a chancery court decision upholding an injunction against their use of similar trade marks to those of Eduardo H. Gato's cigar brand. The Florida Supreme Court affirmed the injunction but reversed the lower court's dismissal of the
• City First Mortg. Corp. v. Barton
  988 So. 2d 82· Fla. 4th DCA· 2008-07-16 ·cited 44×
  The appellate court reversed in part a trial court's decision concerning a mortgage foreclosure dispute, specifically addressing the application of the unclean hands doctrine, damages, and a borrower's counterclaim under the Florida Deceptive and Unfair Trade Practices Act.
• Farrar v. Cain
  756 F.2d 1148· 5th Cir.· 1985-04-08 ·cited 44×
  The court held that failure to object to jury instructions or interrogatories generally precludes appellate review, except for fundamental error, and affirmed the denial of damages except for nominal damages against one defendant.
• Perez v. BOU
  575 F.2d 21· 1st Cir.· 1978-05-05 ·cited 44×
  The court held that the defendant official was not immune from liability for summary suspensions, that plaintiffs were entitled to attorneys' fees under § 1988, and that nominal damages were appropriate for the intangible loss of civil rights.
• Morgan Stanley & Co. Inc. v. Coleman (Parent) Holdings Inc.
  955 So. 2d 1124· Fla. 4th DCA· 2007-03-21 ·cited 42×
  Morgan Stanley & Co. appeals a $1.58 billion judgment in favor of Coleman (Parent) Holdings Inc. (CPH) for fraud related to a merger with Sunbeam, Inc. The court reverses the judgment, holding that CPH failed to prove actual damages by establishing the fraud-free value of Sunbeam
• Elise D. McINTOSH v. Caspar W. Weinberger
  810 F.2d 1411· 8th Cir.· 1987-01-14 ·cited 42×
  The court held that plaintiffs failed to exhaust administrative remedies for their class action claim and affirmed the district court's judgments on all counts.
• S. Bell Tel. & Tel. Co. v. Hanft
  436 So. 2d 40· Fla.· 1983-06-16 ·cited 42×
  Southern Bell Telephone and Telegraph Company sought review of a district court decision that reversed a directed verdict on punitive damages in a case arising from the company's failure to list Dr. Hanft in the Yellow Pages. The Florida Supreme Court held that punitive damages i
• Cnty. OF Monroe v. United States Dep't OF Labor
  690 F.2d 1359· 11th Cir.· 1982-11-08 ·cited 42×
  A CETA employee terminated for good cause, despite procedural defects in the termination process, cannot recover back pay unless the procedural defect caused actual compensable injury.
• Hatfield v. Seaboard AIR Line R.R. Co.
  396 F.2d 721· 5th Cir.· 1968-06-24 ·cited 42×
  A jury verdict awarding nominal damages ($1.00) despite uncontroverted evidence of substantial physical injury and special damages constitutes an abuse of discretion, requiring a new trial on all issues.
• Landgraf v. USI Film Prods.
  968 F.2d 427· 5th Cir.· 1992-07-30 ·cited 41×
  The court held that the Civil Rights Act of 1991 does not apply retroactively to conduct occurring before its enactment, and affirmed the district court's judgment finding no constructive discharge or retaliation.
• Cowans v. Wyrick
  862 F.2d 697· 8th Cir.· 1989-01-23 ·cited 41×
  The court held that the jury instruction on the Eighth Amendment standard for excessive force was flawed because it did not require a finding of malicious and sadistic intent or the unnecessary and wanton infliction of pain.