Nominal Damages

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

• Redman v. Warrener
  516 F.2d 766· 1st Cir.· 1975-05-14 ·cited 12×
  The court held that the district court erred in granting summary judgment on the issue of good faith, as conflicting evidence required an evidentiary hearing.
• Manville v. Borg-Warner Corp.
  418 F.2d 434· 10th Cir.· 1969-11-14 ·cited 12×
  Under Kansas law, a plaintiff in an invasion of privacy suit cannot recover substantial damages without presenting some evidence of general damages, even if special damages are not proven.
• Moosman v. Joseph P. Blitz, Inc.
  358 F.2d 686· 2d Cir.· 1966-03-29 ·cited 12×
  The court affirmed the district court's judgment, holding that untimely responses to requests for admission do not automatically require summary judgment if no prejudice is shown.
• Baumer v. Franklin Cnty. Distilling Co., Inc.
  135 F.2d 384· 6th Cir.· 1943-04-15 ·cited 12×
  The court held that the appellee breached the sales agency contract by selling its distillery and a key brand, and that while prospective profits were too speculative for recovery, the appellant was entitled to nominal damages.
• Woods-Hoskins-Young Co. v. Dittmarr
  102 Fla. 1000· Fla.· 1931-09-22 ·cited 12×
  A vendor under an executory contract for the sale of land sought to recover the full purchase price from a vendee who refused to accept a tendered deed and complete payment. The Florida Supreme Court held that while the vendor may sue at law after tendering a good deed, the measu
• Domegan v. Ponte
  972 F.2d 401· 1st Cir.· 1992-08-10 ·cited 11×
• In re Standard Jury Instructions (Civil Cases 89-1)
  575 So. 2d 194· Fla.· 1991-01-18 ·cited 11×
  The Florida Supreme Court approved a comprehensive revision of jury instructions for defamation cases (Part MI 4) that incorporate First Amendment standards and Florida common law principles. The Court rejected media respondents' requests to remand the instructions for reconsider
• Army Aviation Heritage Found. & Museum, Inc. v. Buis
  504 F. Supp. 2d 1254· N.D. Fla.· 2007-03-28 ·cited 10×
  The court held that the plaintiff failed to prove entitlement to general, special, or punitive damages for defamation, but was entitled to nominal damages based on the FDUTPA civil penalty scheme. Attorney's fees were denied as special damages.
• Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc.
  921 So. 2d 43· Fla. 3d DCA· 2006-02-01 ·cited 10×
  Susan Fixel, Inc. appealed trial court rulings granting a directed verdict on breach of fiduciary duty and negligent misrepresentation claims, and summary judgment on a fraud in the inducement claim against its factor, Rosenthal & Rosenthal, Inc. The appellate court affirmed all
• Laurel Berez and Burton Berez v. Luisa Treadway and Charles Treadway
  599 So. 2d 1028· Fla. 4th DCA· 1992-04-29 ·cited 10×
  In a dog bite injury case, the jury returned an internally inconsistent verdict by awarding the plaintiff economic damages but zero damages for pain and suffering and other intangible harms. The trial court improperly recalled the jury after discharge to reconsider the verdict. T
• Winter v. Cerro Gordo Cnty. Conservation Bd.
  925 F.2d 1069· 8th Cir.· 1991-01-09 ·cited 10×
  The court held that the discharged employee had a property interest in his job under Iowa law and was denied procedural due process, but remanded for recalculation of prejudgment interest.
• O'Connor v. The City & Cnty. OF Denver
  894 F.2d 1210· 10th Cir.· 1990-01-29 ·cited 10×
  The court held that the plaintiffs abandoned their claim regarding the revised code and thus lacked standing to challenge it, and that the First Amendment was not implicated by the closure of the theaters due to public indecency.
• United States Football League v. Nat'l Football League
  887 F.2d 408· 2d Cir.· 1989-10-10 ·cited 10×
  The court held that the USFL was entitled to attorney's fees under the Clayton Act despite nominal damages, and that paralegal fees are compensable at market rates.
• Kanekoa v. City & Cnty. OF Honolulu
  879 F.2d 607· 9th Cir.· 1989-06-29 ·cited 10×
  The court held that the police department's detention of arrestees without presenting them to a neutral magistrate for a probable cause determination for an unreasonable length of time and for an impermissible purpose violated their constitutional rights.
• Taylor v. Green
  868 F.2d 162· 5th Cir.· 1989-03-22 ·cited 10×
  The court held that while a jury's verdict on damages is generally inviolate, nominal damages can be awarded when a constitutional right is violated but actual damages are not proven.
• Lewis v. Warden Woods
  848 F.2d 649· 5th Cir.· 1988-07-07 ·cited 10×
  The court held that a de minimis property loss does not violate constitutional rights, and negligent acts do not implicate the Due Process Clause, but dismissals should be without prejudice to state law claims.
• Coleman v. Turner
  838 F.2d 1004· 8th Cir.· 1988-02-17 ·cited 10×
  The court held that pro se litigants are not entitled to attorney fees, but remanded for consideration of costs. It also affirmed the denial of injunctive relief regarding prison disciplinary actions and access to courts.
• Rakovich v. Wade
  819 F.2d 1393· 7th Cir.· 1987-05-22 ·cited 10×
  The court held that while the jury's finding of liability for a First Amendment violation was supported by evidence, the compensatory and punitive damage awards were excessive and must be reconsidered.
• Maney v. Brinkley Mun. Waterworks & Sewer Dep't (Arkansas)
  802 F.2d 1073· 8th Cir.· 1986-10-10 ·cited 10×
  The court held that while discrimination was found, the constructive discharge claims for two employees were not supported by the evidence, thus vacating their awards for back pay and reinstatement.
• Haley v. Wyrick
  740 F.2d 12· 8th Cir.· 1984-08-07 ·cited 10×
  The court held that the plaintiff waived the issue of inadequate damages by failing to preserve it in the trial court through a motion for a new trial.
• Lewis Mann, D.O. v. Joseph E. Cannon, M.D.
  731 F.2d 54· 1st Cir.· 1984-03-29 ·cited 10×
  The court held that the jury could reasonably find that exigent circumstances justified the warrantless search and seizure of the plaintiff's property, and that the plaintiff's arrest was supported by probable cause, thus affirming the denial of judgment n.o.v. on these claims.
• Arebaugh v. Governor John Dalton
  730 F.2d 970· 4th Cir.· 1984-03-28 ·cited 10×
  The court held that the district court's grant of summary judgment was premature because the defendants failed to meet their burden of establishing a good faith defense.
• Lokey v. Richardson
  600 F.2d 1265· 9th Cir.· 1979-07-11 ·cited 10×
  The court held that the appellant's claim for damages was not mooted by his return to minimum custody and that the issue of qualified immunity required further factual development.
• U Shop Rite, Inc. v. Richard's Paint MFG. Co., Inc.
  369 So. 2d 1033· Fla. 4th DCA· 1979-04-25 ·cited 10×
  U Shop Rite appealed from a judgment awarding an injunction and damages for breach of a non-compete agreement. The Fourth District Court of Appeal reversed, finding the injunction perpetual and therefore unenforceable, the punitive damages improper in a contract case, and the com
• Etling v. Sander
  447 F.2d 593· 7th Cir.· 1971-07-28 ·cited 10×
• Schaeper v. Edwards
  306 F.2d 175· 6th Cir.· 1962-07-10 ·cited 10×
  An appellate court will not reverse a trial judge's denial of a new trial based on a jury's failure to award nominal damages when the primary factual issue was decided against the plaintiff.
• The Elgin Corp. v. The Atlas Bldg. Prods. Co.
  251 F.2d 7· 10th Cir.· 1958-01-11 ·cited 10×
  The court held that the trial court did not err in denying the motion to strike the defense of good faith in meeting a competitor's price, nor in its jury instructions or refusals to instruct.
• Blair v. United States for Use and Benefit of Gregory-Hogan
  150 F.2d 676· 8th Cir.· 1945-07-24 ·cited 10×
  The court modified its prior decision, limiting recovery for the asphalt contract breach to nominal damages and allowing recovery for specific expenses related to a gravel pit and interest, based on the evidence presented.
• Obear-Nester Glass Co. v. United Drug Co.
  149 F.2d 671· 8th Cir.· 1945-06-11 ·cited 10×
  The court held that the appellant was not entitled to recover the appellee's profits or substantial damages because the infringement did not cause lost sales or profits, and the burden of proof for such damages was not met.
• Ahearn v. Mayo Clinic
  180 So. 3d 165· Fla. 1st DCA· 2015-11-06 ·cited 9×
  Shawn Ahearn, a patient billed by Mayo Clinic for emergency treatment, sued individually and as a putative class representative for breach of contract, breach of the implied covenant of good faith and fair dealing, violations of the Florida Deceptive and Unfair Trade Practices Ac
• Bluth v. Blake
  128 So. 3d 242· Fla. 4th DCA· 2013-12-11 ·cited 9×
  An attorney appeals a trial court's order granting an additur of ten dollars to a jury's zero damages verdict in a legal malpractice case. The appellate court reversed, holding that no legal basis existed for the additur because the plaintiffs failed to present evidence of damage
• Rocco v. Glenn, Rasmussen, Fogarty & Hooker, P.A.
  32 So. 3d 111· Fla. 2d DCA· 2009-10-16 ·cited 9×
  Joyce Rocco sued her late husband's estate attorneys for professional negligence and breach of fiduciary duty after they improperly disclosed confidential financial information to opposing parties in probate proceedings. The trial court transferred the case from Manatee County to
• BIG Lots Stores, Inc. v. de Diaz
  18 So. 3d 1065· Fla. 3d DCA· 2008-05-14 ·cited 9×
  Big Lots appeals a trial court's order granting a new trial on future damages and loss of consortium claims after a jury verdict in favor of Gloria de Diaz for a slip-and-fall injury. The appellate court affirms the new trial order and finds that undisputed evidence supported at
• Continuum Condo. Ass'n, Inc. v. Continuum VI, Inc.
  549 So. 2d 1125· Fla. 3d DCA· 1989-10-10 ·cited 9×
  A condominium association sued a general contractor and qualifying agent for construction defects, introduced uncontested expert testimony establishing approximately $321,000 in damages, and won on all claims at trial. However, the jury awarded only $1.00 in damages, which the tr
• Hicks v. Feeney
  850 F.2d 152· 3d Cir.· 1988-06-22 ·cited 9×
  The court held that dismissal was an excessive sanction, and an order precluding the plaintiff from establishing actual and punitive damages would have been more appropriate.
• Jewell Nephew v. The City OF Aurora
  830 F.2d 1547· 10th Cir.· 1987-10-19 ·cited 9×
  A district court did not abuse its discretion in awarding attorney's fees under 42 U.S.C. § 1988 to prevailing plaintiffs who received only nominal damages, when the court considered the vindication of constitutional rights as a significant result.
• H & U Foods, Inc. v. Gale Ellison
  439 So. 2d 923· Fla. 4th DCA· 1983-10-05 ·cited 9×
  McDonald's appeals the trial court's grant of a new trial in a premises liability case where a customer fell on a trash bag in the restaurant. The appellate court reversed, holding that the jury verdict for the defendant was supported by sufficient evidence and that the trial cou
• Gridiron Steel Co. v. Jones & Laughlin Steel Corp.
  361 F.2d 791· 6th Cir.· 1966-06-11 ·cited 9×
  The court held that the licensee breached the agreement by selling tools and dies subject to an option, and that the trial court erred in awarding only nominal damages for this breach. The court also affirmed the trial court's finding that the licensee owed royalties on certain m
• Abstract Co. OF Sarasota v. Otto E. Roberts and Alva A. Roberts
  144 So. 2d 3· Fla. 2d DCA· 1962-08-17 ·cited 9×
  A counterclaim for breach of warranty, even if damages are disputed, should not be dismissed if it states a claim for at least nominal damages.
• Acrylicon USA, LLC v. Silikal GMBH
  46 F.4th 1317· 11th Cir.· 2022-08-29 ·cited 8×
  The court held that the district court erred in re-entering a permanent injunction without proper findings and in awarding nearly full attorney's fees after significant relief was reversed.
• Ahmed Tavakoly and Beverlyn Tavakoly v. Fiddlers Green Ranch OF Fla., Inc.
  998 So. 2d 1183· Fla. 5th DCA· 2009-01-02 ·cited 8×
  Ahmed Tavakoly was thrown from a horse owned by Fiddlers Green Ranch and suffered a fractured hip. A jury awarded him damages for past medical expenses, future medical expenses, and past pain and suffering, but awarded nothing for future pain and suffering or his wife Beverlyn's
• Gandara v. Sheriff Wayne Bennett
  528 F.3d 823· 11th Cir.· 2008-05-22 ·cited 8×
  The Vienna Convention on Consular Relations does not confer individually enforceable rights that can be asserted through domestic law, such as 42 U.S.C. § 1983 or the Alien Tort Statute. Prior panel decisions of this circuit are binding and establish that the Convention does not
• Parton v. GTE North
  971 F.2d 150· 8th Cir.· 1992-07-31 ·cited 8×
  The court held that Parton's discharge was not gender-motivated and that the Civil Rights Act of 1991 does not apply retroactively, affirming the denial of compensatory/punitive damages and the reduced attorney fee award.
• Jermosen v. Smith
  945 F.2d 547· 2d Cir.· 1991-10-01 ·cited 8×
  The court held that prison officials were not entitled to qualified immunity because the prisoner's right to Wolff v. McDonnell procedural protections for a seven-day keeplock was clearly established at the time of the hearing.
• Bennie Brewer v. Parkman
  918 F.2d 1336· 8th Cir.· 1990-11-15 ·cited 8×
  A public employee with a property interest in employment is entitled to a pre-termination hearing, and back pay can be awarded as equitable relief to vindicate this right without a finding that the employee would not have been terminated had a hearing been held.
• Smith v. City OF Chicago
  913 F.2d 469· 7th Cir.· 1990-09-21 ·cited 8×
  The court held that the trial court properly limited the plaintiff's recovery to nominal damages because probable cause existed for his arrest, meaning he would have been arrested regardless of any alleged misconduct.
• Fraternal Order OF Police v. Tucker
  868 F.2d 74· 3d Cir.· 1989-02-17 ·cited 8×
  The court held that while officers had a reasonable suspicion for urinalysis, they were denied procedural due process by not being informed of the evidence against them and not being given an adequate opportunity to respond to dismissal charges. The court also found that the pres
• Edwards v. Jewish Hosp. OF ST. Louis
  855 F.2d 1345· 8th Cir.· 1988-09-02 ·cited 8×
  An employer violates 42 U.S.C. § 1981 if race is a substantial or motivating factor in a discharge, even if the employer would have made the same decision absent discrimination; however, the employer may avoid reinstatement or back pay by proving the same decision would have been
• Unidisco, Inc. v. Schattner
  824 F.2d 965· Fed. Cir.· 1987-07-29 ·cited 8×
  The court held that Unidisco's purchase of Sporicidin from an authorized distributor was not patent infringement, and the jury's verdict on tortious interference was based on an erroneous legal conclusion. The court affirmed the dismissal of the unfair competition claim.
• Archie v. Christian
  812 F.2d 250· 5th Cir.· 1987-03-17 ·cited 8×
  A plaintiff is entitled to nominal damages for a civil rights violation even without proof of actual injury, and the court modified the judgment to award one dollar in nominal damages.