Nominal Damages

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

• The Cnty. OF Volusia v. Niles
  445 So. 2d 1043· Fla. 5th DCA· 1984-01-26 ·cited 27×
  Volusia County appealed a trial court's grant of a new trial on severance damages in a condemnation case. The court held that the trial judge abused its discretion by ordering a new trial based on the jury's zero damage verdict, as the jury was not instructed on nominal damages a
• Williams v. Azar
  47 So. 2d 624· Fla.· 1950-07-25 ·cited 27×
  The Supreme Court of Florida addressed the measure of damages for a breach of the covenant of seizen in a warranty deed. The court held that when a grantee incurs expenses to clear title and gain possession due to a title defect, these costs, including attorney fees, are recovera
• Floyd v. Laws
  929 F.2d 1390· 9th Cir.· 1991-03-20 ·cited 26×
  The court held that a jury instruction on qualified immunity was not an abuse of discretion, and that a jury's answer to a verdict question, given in violation of explicit instructions, is surplusage and must be disregarded.
• Bell v. The Little AXE Indep. Sch. Dist. NO. 70 OF Cleveland Cnty.
  766 F.2d 1391· 10th Cir.· 1985-06-26 ·cited 26×
  The court held that plaintiffs must prove actual damages resulting from the deprivation of their First Amendment rights, and absent such proof, they are entitled to nominal damages only.
• McKINNON v. Talladega Cnty.
  745 F.2d 1360· 11th Cir.· 1984-11-05 ·cited 26×
  A prisoner's transfer from a jail does not moot a claim for monetary damages, but it does moot claims for declaratory and injunctive relief if the class has not been certified.
• Wheatley v. Police Officers Robert Beetar
  637 F.2d 863· 2d Cir.· 1980-12-31 ·cited 26×
  The court should order a new trial on all issues, not just damages, because liability and damages are too intertwined.
• ZIM v. W. Publ'g Co.
  573 F.2d 1318· 5th Cir.· 1978-06-02 ·cited 26×
  The court held that the parol evidence rule barred extrinsic evidence to interpret an unambiguous contract term, that Western did not breach the contract by publishing one revised book due to Zim's unreasonable delay, but did breach by publishing another without approval, and tha
• Sonson v. Nelson
  357 So. 2d 747· Fla. 3d DCA· 1978-04-11 ·cited 26×
  A jury verdict awarding punitive damages without compensatory damages is defective, but a new trial may be granted if nominal damages were not submitted to the jury.
• N. B. Borden & Co. v. The W. Union Tel. Co.
  32 Fla. 394· Fla.· 1893-06-01 ·cited 26×
  N. B. Borden & Co. sued Western Union Telegraph Company for damages resulting from the erroneous transmission of a price quotation message that allegedly caused the loss of a large lumber sale. The Florida Supreme Court reversed the lower court's judgment sustaining the defendant
• Romberg v. Nichols
  953 F.2d 1152· 9th Cir.· 1992-01-13 ·cited 24×
  The Rombergs are prevailing parties entitled to a fee award under 42 U.S.C. § 1988 because they succeeded on a significant issue that altered the legal relationship with the defendants.
• Raysor v. Port Auth. OF NEW York & NEW Jersey
  768 F.2d 34· 2d Cir.· 1985-07-15 ·cited 24×
  The court held that the jury's verdict was inconsistent and damages inadequate, requiring a new trial on some claims. It also reversed the dismissal of state tort claims against Officer Simpson and the Port Authority.
• Robison v. Lescrenier
  721 F.2d 1101· 7th Cir.· 1983-11-21 ·cited 24×
  The court affirmed the denial of judgment n.o.v. or a new trial, finding sufficient evidence for breach of contract and damages, and that no conditional privilege applied to the slander claim.
• Siegfried v. The Kan. City Star Co.
  298 F.2d 1· 8th Cir.· 1962-01-09 ·cited 24×
  The court held that the jury's finding of 'speculative' damages, coupled with instructions, indicated entitlement only to nominal damages, and the trial court properly entered judgment accordingly.
• Est. OF Joseph D. Farrar & Dale Lawson Farrar v. Cain
  941 F.2d 1311· 5th Cir.· 1991-09-17 ·cited 23×
• Cheryll Gray v. Cnty. OF Dane
  854 F.2d 179· 7th Cir.· 1988-07-28 ·cited 23×
  The court held that the plaintiff failed to state a claim under section 1983 because her allegations did not establish a municipal policy or custom of discrimination and retaliation, and that her appeal regarding the Title VII dismissal was moot.
• Lozano v. Smith
  718 F.2d 756· 5th Cir.· 1983-11-03 ·cited 23×
  The court held that the jury findings regarding officers Tenney and Perkins were in irreconcilable conflict and must be reversed for a new trial, but affirmed the lower court's decision regarding insufficient evidence for jury findings against the Sheriff.
• Luddie Fort and James Bookwalter v. White
  530 F.2d 1113· 2d Cir.· 1976-02-09 ·cited 23×
  The court held that compensatory and punitive damages were properly denied due to lack of proof and employer's lack of culpability, but attorneys' fees should be awarded in the trial court's discretion.
• Mays v. Stratton
  183 So. 2d 43· Fla. 1st DCA· 1966-02-17 ·cited 23×
  Plaintiff Mays sued defendant Stratton for tortious interference with employment after Stratton falsely told Mays's new employer that Mays was caught in a disloyal act, causing Mays's discharge. The jury awarded $20,000 in damages, but the appellate court reversed and remanded fo
• Worsham v. The City OF Pasadena
  881 F.2d 1336· 5th Cir.· 1989-08-31 ·cited 22×
  The court held that a plaintiff must be given an opportunity to prove that a municipality's policymakers absolutely delegated final policymaking authority to a subordinate official, even if positive law suggests otherwise, by demonstrating a custom or usage of abdicating review p
• Skeets v. Johnson
  805 F.2d 767· 8th Cir.· 1986-11-12 ·cited 22×
  The majority held that an at-will state employee possessed a constitutionally protected property right due to grievance procedures and was entitled to reinstatement with backpay without proving he would have been discharged absent procedural errors. The dissent disagreed with all
• Draper v. Davis S. Coombs
  792 F.2d 915· 9th Cir.· 1986-06-24 ·cited 22×
  The court held that plaintiff properly pleaded § 1983 claims for extradition violations and towing under an unconstitutional ordinance, and that nominal damages are available even without actual harm. Claims against the State of Washington were affirmed due to Eleventh Amendment
• Skoda v. Fontani
  646 F.2d 1193· 7th Cir.· 1981-04-20 ·cited 22×
  Plaintiffs who win a jury verdict, even for nominal damages, are prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988.
• Alexander v. Int'l Union OF Operating Eng'rs, AFL-CIO
  624 F.2d 1235· 5th Cir.· 1980-08-25 ·cited 22×
• Three-Seventy Leasing Corp. v. Ampex Corp.
  528 F.2d 993· 5th Cir.· 1976-03-18 ·cited 22×
  The court held that a contract was formed, but the limitation of remedies clause precluded recovery of lost profits as consequential damages, though the award of costs to the defendant was erroneous.
• Joseph v. Rowlen
  425 F.2d 1010· 7th Cir.· 1970-05-01 ·cited 22×
• Am. Elastics, Inc. v. United States
  187 F.2d 109· 2d Cir.· 1951-02-20 ·cited 22×
  The court held that the 'as is' clauses in both contracts precluded recovery for breach of warranty or mutual mistake, and that nominal damages are not recoverable against the United States.
• Lohr v. State OF Fla. Dep't OF Corr.
  835 F.2d 1404· 11th Cir.· 1988-01-22 ·cited 21×
  The court affirmed the denial of a new trial and the damage award for Randolph, but certified a question to the Florida Supreme Court regarding punitive damages awarded to Lohr without compensatory damages.
• Anqunett Simien v. City OF SAN Antonio
  809 F.2d 255· 5th Cir.· 1987-02-06 ·cited 21×
  The court held that the City of San Antonio's residency requirement did not violate equal protection or sex discrimination laws, and that while a procedural due process violation occurred, nominal damages were appropriate due to binding precedent. Simien was not the prevailing pa
• Stern v. Shouldice
  706 F.2d 742· 6th Cir.· 1983-04-15 ·cited 21×
  The court held that the appeal was timely filed. It affirmed the award of nominal damages, costs, and attorney's fees but reversed the award of back pay and prejudgment interest against the individual defendants.
• Stevens v. Cricket Club Condo., Inc.
  784 So. 2d 517· Fla. 3d DCA· 2001-04-18 ·cited 20×
  Gene Stevens appealed from a bench trial judgment in a class action lawsuit against Cricket Club Condominium regarding alleged breaches of fiduciary duty. The trial court found in favor of the condominium on claims of misleading cable television statements but found misapplicatio
• Warren v. Fanning
  950 F.2d 1370· 8th Cir.· 1991-11-21 ·cited 20×
  The court affirmed the district court's refusal to amend the judgment and award attorney's fees because the plaintiff's counsel drafted the erroneous jury instruction regarding nominal damages.
• Cruz Lopez v. S.B. Thomas, Inc.
  831 F.2d 1184· 2d Cir.· 1987-10-22 ·cited 20×
  The court held that unchecked ethnic epithets can contribute to constructive discharge and that an employer's knowledge of co-worker harassment creates a duty to remedy it. The court affirmed dismissal of the hostile work environment claim but reversed dismissal of the constructi
• Luvinia Alexander v. Louis Polk, M.D.
  750 F.2d 250· 3d Cir.· 1984-12-17 ·cited 20×
  The court held that the City violated notice and hearing requirements under regulations, stating a claim under section 1983.
• Solis v. RIO Grande City Indep. Sch.
  734 F.2d 243· 5th Cir.· 1984-06-18 ·cited 20×
  The court held that the trial court erred by failing to submit the second prong of the Mt. Healthy test to the jury, requiring a new trial. The court also found insufficient evidence to support the jury's verdict against one defendant.
• Leander J. Shaw, Jr. v. Peterson
  376 So. 2d 433· Fla. 1st DCA· 1979-10-26 ·cited 20×
  In this automobile accident damages appeal, the Florida First District Court of Appeal affirmed the jury's $2,500 award to the injured husband but reversed the $0 damages award to his wife for loss of consortium, finding she was entitled to at least nominal damages based on undis
• Cronin v. Sears
  588 F.2d 616· 8th Cir.· 1978-12-08 ·cited 20×
  The court held that the trial court erred in entering judgment for nominal damages for the plaintiffs against the union, and that plaintiffs were not entitled to actual or punitive damages.
• Huntley v. Cmty. Sch. Bd. OF Brooklyn
  579 F.2d 738· 2d Cir.· 1978-06-27 ·cited 20×
  The court held that the $100 nominal damages award was not inadequate given the Supreme Court's ruling in Carey v. Piphus, and that the appellant was not entitled to a new trial or punitive damages.
• United States v. City OF Jacksonville
  257 F.2d 330· 8th Cir.· 1958-07-09 ·cited 20×
  The court held that the jury's finding of salvage value, supported by substantial evidence, should control over the general verdict when determining just compensation in a condemnation case.
• Wendall Jermaine Hall v. Lieutenant Peter Merola
  67 F.4th 1282· 11th Cir.· 2023-05-17 ·cited 19×
  Wendall Hall sued correctional officers under Section 1983 for using chemical agents against him and withholding food in retaliation for filing grievances, but the district court dismissed his claims against two officers on Heck grounds and allowed only nominal damages against a
• Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co. Inc.
  20 So. 3d 952· Fla. 4th DCA· 2009-10-07 ·cited 19×
  Coleman (Parent) Holdings, Inc. appealed the denial of its Rule 1.540(b) motion seeking to set aside a judgment in favor of Morgan Stanley. CPH alleged that Morgan Stanley committed fraud upon the court during discovery sanction hearings by misrepresenting when its in-house couns
• Rector v. Larson's Marine, Inc.
  479 So. 2d 783· Fla. 2d DCA· 1985-11-15 ·cited 19×
  The court held that the trial court erred in awarding only nominal damages for breach of contract when the proper measure of damages was the difference between the value of the boat if repaired and its salvage value, to avoid economic waste.
• Wolfenbarger v. Clancy Williams
  774 F.2d 358· 10th Cir.· 1985-09-26 ·cited 19×
  The dissenting judge believes the due process issue was not properly decided on summary judgment and would remand for further consideration of post-deprivation remedies.
• Loraine Pollock v. Baxter Manor Nursing Home
  716 F.2d 545· 8th Cir.· 1983-09-13 ·cited 19×
  The court held that the plaintiff was not afforded procedural due process and is entitled to nominal damages and attorney fees.
• Briggs v. Goodwin
  698 F.2d 486· D.C. Cir.· 1983-01-11 ·cited 19×
  The court should affirm the summary judgment, granting Goodwin complete immunity as a witness and dismissing the appellants' claims.
• Iva H. Leonard v. NAT Harrison Assocs., Inc.
  122 So. 2d 432· Fla. 2d DCA· 1960-08-10 ·cited 19×
  A complaint alleging both damage to property from a trespass and subsequent personal injury may survive a motion to dismiss when it alleges the injuries are direct and proximate results of the wrongful entry, because whether the injuries were immediate or consequential is a factu
• W. Union Tel. Co. v. Wilson
  32 Fla. 527· Fla.· 1893-06-01 ·cited 19×
  The Hadley v. Baxendale rule—limiting contract damages to those arising naturally from the breach or reasonably contemplated by both parties at the time of contracting—applies to telegraph companies' contracts for message transmission. A telegraph company's failure to transmit a
• Swanson v. Elmhurst Chrysler Plymouth, Inc.
  882 F.2d 1235· 7th Cir.· 1989-08-16 ·cited 18×
  The court held that Title VII does not provide for nominal damages or attorney's fees when a plaintiff proves sexual harassment but not a discharge or other tangible loss related to the harassment.
• Weldon Wiggins v. Rushen
  760 F.2d 1009· 9th Cir.· 1985-05-17 ·cited 18×
  The dissenting judge would remand the case to the district court for further fact-finding regarding whether the injunction aspect of the case is moot.
• Ganey v. Edwards
  759 F.2d 337· 4th Cir.· 1985-04-02 ·cited 18×
  A plaintiff who proves a deprivation of a constitutional right is entitled to nominal damages, even without proof of actual injury.
• Aubin v. Fudala
  782 F.2d 280· 1st Cir.· 1983-11-01 ·cited 18×
  The court affirmed the district court's judgments, finding no reversible error in jury instructions, weight of evidence determinations, or damage awards.