Nominal Damages

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

• Heights Community Congress v. Hilltop Realty, Inc.
  774 F.2d 135· 6th Cir.· 1985-10-02 ·cited 8×
  The court held that racial steering violations could be imputed to a real estate agency and that standing was established by alleged injury to the municipality and community organization. However, it reversed a finding of blockbusting, finding no prohibited racial representation.
• Okeson v. Tolley Sch. Dist. NO. 25
  760 F.2d 864· 8th Cir.· 1985-04-19 ·cited 8×
  The court held that the school board's failure to provide adequate notice and an opportunity to be heard violated Okeson's procedural due process rights, entitling him to nominal damages, even though his termination was otherwise justified.
• City OF Chicago v. United States Dep't OF Labor
  737 F.2d 1466· 7th Cir.· 1984-06-18 ·cited 8×
  The court held that the Secretary's award of back pay was improper because it was based on a flawed procedural rationale and lacked support in the record, contrary to established legal principles.
• Rosebrough Monument Co. v. Mem'l Park Cemetery Ass'n
  736 F.2d 441· 8th Cir.· 1984-06-14 ·cited 8×
  The court held that certain cemetery rules approved by the district court were overly restrictive and modified them, while affirming the district court's reduction of attorney's fees based on the limited monetary relief obtained by the appellant.
• Adler v. Seligman OF Fla., Inc.
  438 So. 2d 1063· Fla. 4th DCA· 1983-10-19 ·cited 8×
  In this appeal from a breach of fiduciary duty judgment, the Florida Fourth District Court of Appeal reversed portions of a $1.3 million punitive damages award and substantial compensatory damages awards against Adler and others involved in a failed condominium joint venture, fin
• Nordgren v. Hayward
  638 F.2d 224· 10th Cir.· 1981-01-14 ·cited 8×
  A pro se complaint, once deemed non-frivolous, cannot be summarily dismissed based on an unverified administrative report; such reports may only be used to shape issues for trial.
• Flood v. Ware
  363 So. 2d 1101· Fla. 2d DCA· 1978-09-20 ·cited 8×
  A jury cannot award punitive damages if no compensatory or nominal damages are found. The judgment against Fred W. Ware for punitive damages is vacated.
• Gasparilla INN, Inc. v. Sunset Realty Corp.
  358 So. 2d 234· Fla. 2d DCA· 1978-05-03 ·cited 8×
  Gasparilla Inn appealed the trial court's denial of a mandatory injunction against erosion caused by Sunset Realty's canal construction, and Sunset Realty cross-appealed a $36,000 monetary award granted in lieu of the injunction. The court affirmed the denial of the mandatory inj
• Porterfield v. Burger King Corp.
  540 F.2d 398· 8th Cir.· 1976-08-19 ·cited 8×
  The court held that the plaintiff failed to establish a submissible case for substantial actual damages under the service letter statute and failed to establish that the crime loss theft report was libelous.
• Stubbs v. State
  332 So. 2d 155· Fla. 1st DCA· 1976-05-24 ·cited 8×
  The court held that expert testimony based on a misconception of the law or not related to the date of taking should be stricken, and a jury verdict of zero damages was improper when substantial damages were evident.
• Packard Englewood Motors, Inc. v. Packard Motor Car Co., Inc.
  215 F.2d 503· 3d Cir.· 1954-09-16 ·cited 8×
  The court held that the defendant's offer to allot bonus cars for scrap iron obligated it to allot those cars for delivery within the 1948 calendar year, if ordered, and that a unilateral letter from the defendant could not modify this obligation without the plaintiff's consent.
• City of Fort Worth v. United States
  212 F.2d 474· 5th Cir.· 1954-05-06 ·cited 8×
  The court held that the trial court erred by improperly instructing the jury on the city's legal obligation to provide substitute facilities and by refusing to give requested jury instructions consistent with the law of the case.
• The W. Union Tel. Co. v. Barlow
  51 Fla. 351· Fla.· 1906-01-01 ·cited 8×
  The court held that a telegraph company was not liable for damages resulting from a faulty fruit purchase, even if their negligence contributed to the situation. The plaintiff's own intervening actions in dealing directly with the seller, after being alerted to a discrepancy in t
• MacALISTER v. Bevis Constr., Inc.
  164 So. 3d 773· Fla. 2d DCA· 2015-05-27 ·cited 7×
  Colleen MacAlister, an attorney representing clients in a malicious prosecution action against Bevis Construction, appeals a judgment awarding $75,771.40 in attorneys' fees and costs under section 57.105, Florida Statutes. The court reversed, finding the trial court abused its di
• Lorie Peterson and Clayton Peterson v. SUN State Int'l Trucks, LLC
  56 So. 3d 840· Fla. 2d DCA· 2011-02-02 ·cited 7×
  The Florida District Court of Appeal reversed and remanded a trial court's denial of a motion for new trial on a loss of consortium claim. The court held that when a spouse presents substantial, undisputed evidence of the adverse effects of an injury on the marital relationship,
• Myers v. JIM Russo Prison Ministries, Inc.
  3 So. 3d 411· Fla. 2d DCA· 2009-02-06 ·cited 7×
  Jay Alan Myers appealed a summary judgment dismissing his claims against Jim Russo Prison Ministries for gross negligence, breach of contract, defamation, and slander. The court affirmed the dismissal of most claims but reversed the slander claim, holding that statements falsely
• Dep't OF Env't Prot. v. Hardy
  907 So. 2d 655· Fla. 5th DCA· 2005-07-29 ·cited 7×
  The Department of Environmental Protection appealed a jury verdict awarding the Hardys $1.5 million for negligence, negligent supervision, and trespass claims arising from DEP's enforcement of environmental regulations on their property. The appellate court reversed, holding that
• Rooney v. Skeet'r Beat'r OF Sw. Fla., Inc.
  898 So. 2d 968· Fla. 2d DCA· 2005-02-23 ·cited 7×
  Steve Rooney appealed a judgment in a trademark and unfair competition case brought by Skeet'r Beat'r, challenging awards of compensatory damages and attorney's fees. The court reversed the compensatory damages award as unsupported by competent evidence but affirmed the attorney'
• Air Caledonie Int'l v. AAR Parts Trading, Inc.
  315 F. Supp. 2d 1319· S.D. Fla.· 2004-04-02 ·cited 7×
  The court held that the unserviceable conditions on the engine's T2 blade and combustion chamber existed prior to the lease, and therefore ACI was not liable for repairs or damages related to those pre-existing conditions.
• Sun Ins. Mktg. Network, Inc. v. AIG Life Ins.
  254 F. Supp. 2d 1239· M.D. Fla.· 2003-03-27 ·cited 7×
  The court held that the plaintiff's expert was not qualified to value the business and his opinion on lost profits was too speculative and not grounded in appropriate methodology or facts.
• Clayton v. Bryan
  753 So. 2d 632· Fla. 5th DCA· 2000-02-25 ·cited 7×
  This case examines whether Florida's offer of judgment statute is preempted by the federal Fair Debt Collection Practices Act (FDCPA). The court held that the FDCPA's provisions regarding attorney's fees, which require a finding of bad faith or harassment to award fees against a
• Comm. FOR THE First Amendment v. Campbell
  962 F.2d 1517· 10th Cir.· 1992-05-06 ·cited 7×
  The court held that the district court properly granted summary judgment on the mootness of injunctive relief claims but erred in dismissing the nominal damages claim. The court also affirmed the denial of the Rule 56(f) motion for discovery.
• Francine Sutton v. Cleveland Bd. of Educ.
  958 F.2d 1339· 6th Cir.· 1992-03-19 ·cited 7×
  The court held that the grievance procedure, even with an intermediate divided board, still constitutes a process leading to final and binding arbitration under Ohio law.
• Lamar v. L.A. Steele
  693 F.2d 559· 5th Cir.· 1982-12-14 ·cited 7×
  The court held that jury interrogatories improperly required a finding of intentional and wanton conduct to award damages for denial of access to courts, and that the jury, not the magistrate, should first determine damages.
• Elyria-Lorain Broad. Co. v. Nat'l Commc'ns Indus., Inc.
  300 So. 2d 716· Fla. 1st DCA· 1974-09-05 ·cited 7×
  In this slander case, a jury found radio station WROD and its advertising salesman liable for slander when the salesman told a mutual customer that a competing station would be shut down by the FCC due to fraud allegations. The appellate court reversed and remanded, finding the $
• Latham B. Hewlett v. Barge Bertie
  418 F.2d 654· 4th Cir.· 1969-11-28 ·cited 7×
  The court held that a vessel's prior status as a constructive total loss does not preclude recovery for subsequent damage, and the cost of repairs is the proper measure of damages when economically feasible.
• Atl. Coast Line R.R. Co. v. Woods
  110 Fla. 147· Fla.· 1933-05-09 ·cited 7×
  The Florida Supreme Court affirmed the lower court's decision to grant a new trial in a wrongful death action, finding that the evidence presented could support a finding of liability and that the initial directed verdict for the defendant was an error.
• Rodriguez v. Miami-Dade Cnty.
  105 La. 741· M.D. Fla.· 2018-09-24 ·cited 6×
  The court held that entering judgment for the plaintiff on her retaliation claim was a manifest error of law because the jury found she suffered no damages, which is a required element of the claim. The court granted the defendant's motion to amend the judgment.
• Jones v. Double D Props., Inc.
  901 So. 2d 929· Fla. 4th DCA· 2005-04-27 ·cited 6×
  The court affirmed in part and reversed in part a personal injury action, affirming the jury's verdict for the husband but reversing the zero verdict for the wife's loss of consortium claim, remanding for a new trial on damages for that claim.
• Faragher v. City of Boca Raton
  864 F. Supp. 1552· S.D. Fla.· 1994-07-22 ·cited 6×
  The court held that the City of Boca Raton was liable under Title VII for creating a hostile work environment due to severe and pervasive sexual harassment by its employees, Terry and Silverman, despite the existence of a sexual harassment policy, due to the City's failure to dis
• Davet v. Enrico MacCarone
  973 F.2d 22· 1st Cir.· 1992-08-19 ·cited 6×
  The court affirmed the district court's rulings, finding no reversible error in the denial of punitive damages, the refusal to grant a new trial, the award of costs, or the dismissal of the attorney fees claim due to lack of jurisdiction.
• Hygh v. Jacobs
  961 F.2d 359· 2d Cir.· 1992-04-09 ·cited 6×
  The court held that expert testimony stating an officer's conduct was 'totally improper' and 'not justified' crossed the line into legal conclusions, but was harmless error. The court also held that a dismissal 'in the interest of justice' does not constitute a favorable terminat
• Brooks v. Cook
  938 F.2d 1048· 9th Cir.· 1991-07-22 ·cited 6×
  The court held that informing the jury about the potential for attorneys' fees under 42 U.S.C. § 1988 and allowing defense counsel to comment on it was an abuse of discretion, as it could prejudice the jury and undermine the statute's purpose. The court also found the award of at
• Walter v. Torres
  917 F.2d 1379· 5th Cir.· 1990-11-29 ·cited 6×
  Parole board members have absolute immunity for adjudicative functions (applying rules to individual cases) but only qualified immunity for administrative functions (enacting rules).
• Patterson v. Coughlin
  905 F.2d 564· 2d Cir.· 1990-05-16 ·cited 6×
  The court held that while the prisoner was entitled to summary judgment on liability for the due process violation, the prison officials were entitled to a jury trial on the issue of damages.
• Noah v. Threlkeld
  543 So. 2d 431· Fla. 2d DCA· 1989-05-19 ·cited 6×
  A Florida appellate court reversed a jury verdict awarding minimal damages to car accident victims with substantial documented medical expenses and loss of consortium claims. The court found the jury's award of $1,000 to one plaintiff with $4,480 in medical expenses, and zero to
• Rogers v. Kelly
  866 F.2d 997· 8th Cir.· 1989-01-26 ·cited 6×
  The court held that the district court did not err in awarding only nominal damages when the plaintiff proved a procedural due process violation but no actual injury, and did not abuse its discretion in calculating attorney fees.
• Beauford v. Sisters OF Mercy-Province OF Detroit, Inc.
  816 F.2d 1104· 6th Cir.· 1987-04-22 ·cited 6×
  The jury's award of damages for race discrimination and punitive intent is supported by the record.
• Madison Cnty. Jail Inmates v. Thompson
  773 F.2d 834· 7th Cir.· 1985-09-18 ·cited 6×
  The court held that the trial court erred in entering judgment notwithstanding the verdict on damages, as there was sufficient evidence to support the jury's award.
• ST. Genevieve GAS Co., Inc. v. Tenn. Valley Auth.
  747 F.2d 1411· 11th Cir.· 1984-12-05 ·cited 6×
  The court held that while the mineral leases had no commercial value, the government's taking of these leases entitled the owner to nominal damages because the right to exclude others is a legal entitlement.
• Standard Plumbing Supply Co. v. United States Steel Corp.
  703 F.2d 802· 5th Cir.· 1983-03-01 ·cited 6×
  When damages are provable but the plaintiff fails to produce evidence, only nominal damages may be awarded under Louisiana law.
• Lexington Prods. Ltd. v. B. D. Commc'ns, Inc.
  677 F.2d 251· 2d Cir.· 1982-04-23 ·cited 6×
  The court held that the trial court erred in awarding only nominal damages when the record provided sufficient evidence to calculate substantial damages with reasonable certainty.
• Fitzgerald v. Century Park, Inc.
  642 F.2d 356· 9th Cir.· 1981-04-20 ·cited 6×
  The court held that the Interstate Land Sales Full Disclosure Act does not allow for 'benefit of the bargain' damages and that the 1979 amendments to the Act are not to be applied retroactively. The court also declined to consider nominal damages raised for the first time on appe
• Tennant v. Vazquez
  389 So. 2d 1183· Fla. 2d DCA· 1980-08-27 ·cited 6×
  The Florida Supreme Court reviewed a district court's decision to reverse convictions for second-degree murder and firearm offenses, finding that while severance of the firearm possession count was mandated due to prejudice from admitting a prior felony conviction, the district c
• Taliaferro v. Willett
  588 F.2d 428· 4th Cir.· 1978-12-06 ·cited 6×
  A plaintiff deprived of procedural due process can only recover nominal damages absent proof of independent compensable injury.
• Reynolds Metals Co. v. Lampert
  316 F.2d 272· 9th Cir.· 1963-03-18 ·cited 6×
  The court held that the jury was erroneously instructed that appellees could recover damages for both loss of use of their property and expenses for a substitute property, but that travel expenses to the substitute property were recoverable, and that punitive damages should have
• Duchaine v. Grosco Realty, Inc.
  121 So. 2d 679· Fla. 2d DCA· 1960-06-22 ·cited 6×
  A cause of action requires both a wrongful act and resulting loss or damage.
• Lynch v. Call
  261 F.2d 130· 10th Cir.· 1958-10-28 ·cited 6×
  The court held that a genuine issue of material fact regarding the plaintiff's ability to mitigate damages by renting the attached property precluded summary judgment.
• Fid. Ins. Agencies v. Citizens Cas. Co. of N.Y.
  194 F.2d 43· 7th Cir.· 1952-01-25 ·cited 6×
  The court held that where an agency contract allows the principal to reject applications and there is no express or implied agreement to continue business, the agent is not entitled to substantial damages for the principal's cessation of business in a territory, absent proof of l
• Norwood Lumber Corp. v. McKEAN
  153 F.2d 753· 3d Cir.· 1946-02-05 ·cited 6×
  A plaintiff in a diversity case need not prove damages equal to the jurisdictional amount to maintain federal jurisdiction, and the trial court erred in excluding evidence relevant to the plaintiff's damages for breach of contract.