Nominal Damages

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

• Padgett v. Atl. Coast Line R.R. Co.
  63 Fla. 248· Fla.· 1912-01-01 ·cited 6×
  Padgett sued the railroad for negligently withholding a paid ticket from Jacksonville to Arcadia, claiming damages including forced deprivation of food and lodging, police harassment, and injury from walking to Palatka. The Florida Supreme Court affirmed the directed verdict for
• Moms for Liberty - Brevard Cnty. v. Brevard Pub. Schs.
  118 F.4th 1324· 11th Cir.· 2024-10-08 ·cited 5×
  Moms for Liberty challenged Brevard County School Board policies restricting "abusive," "personally directed," and "obscene" speech at public comment meetings as unconstitutional viewpoint discrimination and unreasonable restrictions in violation of the First Amendment. The Eleve
• Olson v. Pickett Downs Unit IV Homeowner's Ass'n, Inc.
  205 So. 3d 869· Fla. 5th DCA· 2016-12-02 ·cited 5×
  Olson appeals a trial court's denial of attorney's fees and court costs following a mixed judgment in a homeowners association dispute over property drainage modifications. The appellate court held that Olson, who prevailed on the counts containing attorney's fees provisions, was
• Leonardi v. City OF Hollywood
  715 So. 2d 1007· Fla. 4th DCA· 1998-07-15 ·cited 5×
  Frank Leonardi sued the City of Hollywood for promissory estoppel after the City revoked a job offer upon which he had relied by quitting his existing employment. The court held that promissory estoppel does not apply to promises of at-will employment because such promises are il
• Brown v. Petrolite Corp.
  965 F.2d 38· 5th Cir.· 1992-07-13 ·cited 5×
  The court held that exemplary damages are not recoverable when only nominal actual damages are awarded, but affirmed compensatory damages for Micro-Bac and reversed exemplary damages for Brown. The court also affirmed the finding of actual malice and defamation.
• Stockman v. A.W. Duke
  578 So. 2d 831· Fla. 2d DCA· 1991-04-26 ·cited 5×
  The appellate court reversed the trial court's awards of damages against Stockman for trespass to land, finding that the damages awarded to Fonte and the Dukes were not properly measured.
• Palm Beach Atl. Coll., Inc. v. First United Fund, Ltd.
  928 F.2d 1538· 11th Cir.· 1991-04-22 ·cited 5×
  The court held that the College's cross-appeal was dismissed as untimely, and affirmed the district court's awards of compensatory damages for breach of contract and punitive damages for fraud, but reversed the award of trebled damages for civil theft due to an erroneous jury ins
• News & Sun-Sentinel Co. v. Cox
  702 F. Supp. 891· S.D. Fla.· 1988-12-19 ·cited 5×
  The court held that Florida Statute § 337.406, as written, is an unconstitutional restriction on First Amendment rights because it is overbroad and not narrowly tailored to serve a significant governmental interest. The court also denied claims regarding the Sunshine Act and tort
• Soffer v. City OF Costa Mesa
  798 F.2d 361· 9th Cir.· 1986-08-22 ·cited 5×
  The court held that while the City's post-tow procedures violated due process, the appellant failed to prove damages and did not properly plead claims against individual defendants. The award of attorney's fees to the individual defendants was reversed.
• Globe Sec. Sys. Co. v. Mayor's Jewelers, Inc.
  458 So. 2d 828· Fla. 3d DCA· 1984-11-06 ·cited 5×
  Globe Security Systems appealed from a jury verdict awarding both compensatory and punitive damages for breach of a security contract. The Third District Court of Appeal affirmed $45,188.21 in compensatory damages for breach but reversed the $135,000 punitive damages award becaus
• Alan Stoler, D.D.S. v. Martin Levinson, P.A.
  394 So. 2d 462· Fla. 3d DCA· 1981-02-10 ·cited 5×
  Reversed and remanded for new trial on malicious prosecution and abuse of process claims where trial court erred in directing verdict, but affirmed directed verdict on negligence claim for lack of prima facie case.
• Bev. Canners, Inc. v. Cott Corp.
  372 So. 2d 954· Fla. 3d DCA· 1979-06-19 ·cited 5×
  The court held that nominal damages were properly awarded when a breach of contract was established but the proof of lost profits was too speculative and conjectural to establish substantial damages.
• Anderson v. Robinson
  497 F.2d 120· 5th Cir.· 1974-07-11 ·cited 5×
  The court held that the trial court did not abuse its discretion in refusing to grant a new trial for grossly inadequate damages, as no specific damages were proven and the jury's per diem rate was invited by counsel.
• Mulford Hickerson Corp. v. Asgrow-Kilgore Co.
  282 So. 2d 19· Fla. 4th DCA· 1973-07-27 ·cited 5×
  A commercial ornamental plant grower sued two defendants for crop damage caused by herbicide drift from aerial spraying. The trial court found the defendants negligent in applying the herbicide but ruled that the plaintiff failed to prove damages with sufficient certainty. The ap
• Hutchison v. Tompkins
  240 So. 2d 180· Fla. 4th DCA· 1970-09-14 ·cited 5×
  A deposit provision in a real estate contract that the vendor may retain upon vendee's default constitutes an unenforceable penalty, not liquidated damages, when the vendor's actual damages are readily ascertainable and not uncertain. Vendors seeking to enforce such a clause must
• Am. Sales & Mgmt. Org. LLC v. Lopez
  373 So. 3d 1198· Fla. 3d DCA· 2023-03-22 ·cited 4×
  The appellate court reversed a trial court's decision to award nominal damages and grant summary judgment for indemnification. The court found that the jury's verdict of zero damages for breach of fiduciary duty was consistent with the jury instructions and that indemnification w
• Kia Motors Am., Inc. v. Khristopher Doughty & Katarzyna Dziewiecien
  242 So. 3d 1172· Fla. 2d DCA· 2018-03-14 ·cited 4×
  Although evidence was sufficient to establish breach of warranty, the plaintiffs failed to present evidence establishing the actual value of the defective vehicle at the time and place of acceptance, which is required to calculate diminished-value damages under Florida law. The c
• James R. Wilson, M.D. v. Univ. Cmty. Hosp., Inc.
  101 So. 3d 857· Fla. 2d DCA· 2012-09-21 ·cited 4×
  Physicians employed by a professional association sued University Community Hospital for breaching an exclusive radiology services contract. On remand following a prior appellate decision on the proper damages calculation method, the trial court awarded minimal damages to one phy
• Laquarius Gray v. Bostic
  625 F.3d 692· 11th Cir.· 2010-10-26 ·cited 4×
  The district court did not abuse its discretion in awarding attorney's fees to the plaintiff who prevailed on a significant legal issue of first impression, even though only nominal damages were awarded. The plaintiff's success served an important public purpose by deterring futu
• Jeffrey O. v. City of Boca Raton
  511 F. Supp. 2d 1339· S.D. Fla.· 2007-02-26 ·cited 4×
  The court held that the City's Ordinance 4649, which defined and restricted substance abuse treatment facilities, facially discriminated against recovering individuals and violated the Fair Housing Act. The court also found that Section 28-2, limiting occupancy to three unrelated
• Baumgardner v. The Sec'y
  960 F.2d 572· 6th Cir.· 1992-03-31 ·cited 4×
  The court concurred that presumed damages may be appropriate for civil rights violations, including under the Fair Housing Act, even if actual injury is difficult to prove, but found they were not necessary in this specific case due to evidence of actual injury.
• Ballagas v. Scott
  589 So. 2d 334· Fla. 1st DCA· 1991-10-24 ·cited 4×
  In a negligence case arising from a motor vehicle collision, the trial court granted a new trial on damages, finding jury confusion regarding future medical expenses and the absence of loss of consortium damages. The appellate court reversed, holding that the jury's future medica
• Welch v. Lt. Dean Spangler
  939 F.2d 570· 8th Cir.· 1991-07-19 ·cited 4×
  The court held that a prison official's violation of a consent decree governing the search of an inmate's legal papers, even without proof of actual damages, could be remedied by a contempt finding, a fine, and nominal damages.
• Picker Int'l, Inc. v. Parten
  935 F.2d 257· 11th Cir.· 1991-07-11 ·cited 4×
  The court held that the district court erred in granting a directed verdict on the breach of covenant not to compete claim because substantial evidence existed for a jury to find the covenant reasonable, but affirmed directed verdicts on the breach of confidentiality and fraud cl
• Fassett v. Haeckel
  936 F.2d 118· 2d Cir.· 1991-06-25 ·cited 4×
  The court held that a jury's finding of a Fourth Amendment violation was supported by sufficient evidence, and that nominal damages and attorney's fees were properly awarded.
• Mustafa Al-Alamin v. Gramley
  926 F.2d 680· 7th Cir.· 1991-03-06 ·cited 4×
  The court held that the district court erred in ordering statewide injunctive relief and awarding damages because the prison officials made reasonable efforts to accommodate the Muslim inmates' religious practices, and there was no ongoing constitutional violation.
• Schneider v. Colegio de Abogados de Puerto RICO
  917 F.2d 620· 1st Cir.· 1990-10-24 ·cited 4×
  Compelled membership in the Colegio de Abogados de Puerto Rico is unconstitutional in its present form because it uses compulsory dues for ideological activities not germane to regulating the legal profession. However, the injunction is temporarily delayed to allow the Colegio to
• Weldon P. Taquino v. Teledyne Monarch Rubber
  893 F.2d 1488· 5th Cir.· 1990-02-12 ·cited 4×
  The court held that while the district court's finding of liability was correct, the award of $10,000 in nominal damages was excessive and remanded for reconsideration.
• Marks v. City OF Chesapeake
  883 F.2d 308· 4th Cir.· 1989-08-24 ·cited 4×
  The court held that the City Council's denial of a conditional use permit based on public religious objections, rather than legitimate zoning concerns, was arbitrary and capricious, violating due process.
• Bertold J. Pembaur, M.D. v. City OF Cincinnati
  882 F.2d 1101· 6th Cir.· 1989-08-18 ·cited 4×
  The court held that the trial judge's failure to adequately consider or explain findings regarding the plaintiff's stress-related injuries and business losses, and the lack of factual findings on causation, necessitated a remand for further proceedings.
• Ireland v. Shultz
  829 F.2d 1189· D.C. Cir.· 1987-10-02 ·cited 4×
  The court held that equitable relief in the form of retroactive reinstatement was not appropriate due to the significant passage of time and the appellant's age, and that the claim was essentially one for monetary damages properly belonging in the Claims Court.
• Sahagian v. Dickey
  827 F.2d 90· 7th Cir.· 1987-08-14 ·cited 4×
  The court held that a state is not constitutionally required to provide legal materials for discretionary appeals, but reversed the denial of damages for denial of access at Marion, remanding for further proceedings.
• Schilligo v. Purolator Courier Corp.
  824 F.2d 660· 8th Cir.· 1987-07-29 ·cited 4×
  The court held that there was insufficient evidence of malice to support an award of punitive damages under the Missouri Service Letter Statute, and thus reversed the denial of the motion for judgment notwithstanding the verdict on that issue.
• FAR OUT Music, Inc. v. Jordan
  502 So. 2d 523· Fla. 3d DCA· 1987-02-17 ·cited 4×
  Far Out Music, Inc., Far Out Management, Ltd., and Steven Gold appealed from a default judgment awarding nominal and punitive damages for fraud and breach of contract. The Third District Court of Appeal affirmed, finding no error in the entry of default, the sufficiency of the co
• City OF Riviera Beach v. Fitzgerald
  492 So. 2d 1382· Fla. 4th DCA· 1986-08-27 ·cited 4×
  Police Lieutenant Fitzgerald sued the City of Riviera Beach and Police Chief Darden under 42 U.S.C. § 1983 for failing to promote him to captain despite being the only qualified candidate on a certified eligibility list. The court affirmed the jury verdict awarding compensatory d
• D.C. and M.S. v. The City OF ST. Louis
  795 F.2d 652· 8th Cir.· 1986-07-09 ·cited 4×
  The court held that the 'indecent or lewd act of behavior' provision of the ordinance is unconstitutionally vague and reversed the district court's denial of nominal damages.
• Akbar v. Fairman
  788 F.2d 1273· 7th Cir.· 1986-04-22 ·cited 4×
  The Seventh Circuit affirmed the district court's denial of compensatory damages for procedural due process violations, finding that the underlying disciplinary actions against the inmates were justified. However, the court reversed the district court's award of expenses for the
• Ward v. Johnson
  667 F.2d 1126· 4th Cir.· 1981-12-30 ·cited 4×
  The dissenting judge believes the presiding officer in administrative proceedings is immune from personal liability under § 1983 for evidentiary rulings.
• Knutson v. The Daily Review, Inc.
  664 F.2d 1120· 9th Cir.· 1981-12-28 ·cited 4×
  The court held that the district court's findings on damages were not clearly erroneous and affirmed the judgment awarding nominal damages only.
• Colortronic Reinhard & Co. v. Plastic Controls, Inc.
  668 F.2d 1· 1st Cir.· 1981-12-04 ·cited 4×
  The court affirmed the district court's finding that the Tschritter patent was invalid for obviousness, but reversed the award of attorney fees related to that patent, remanding for recalculation.
• Murray v. Bd. OF Trs.
  659 F.2d 77· 6th Cir.· 1981-09-09 ·cited 4×
  The court held that while the claim for injunctive relief was moot, the case should be remanded for consideration of nominal damages and attorney fees, and for reconsideration of constitutional and immunity issues.
• Christhilf v. The Annapolis Emergency Hosp. Ass'n, Inc.
  552 F.2d 1070· 4th Cir.· 1977-04-05 ·cited 4×
  A doctor is entitled to nominal damages for the denial of due process in the termination of hospital privileges, and may be entitled to further damages resulting from unreasonable delay in affording a hearing.
• Union Carbide Corp. v. Graver Tank & MFG. Co., Inc.
  345 F.2d 409· 7th Cir.· 1965-04-09 ·cited 4×
  The court held that the district court's award of attorney fees was not supported by the record, as Union Carbide was not the prevailing party in this exceptional case. The court affirmed the district court's calculation of nominal damages for a specific infringement period.
• Ga. Kaolin Co. v. United States
  249 F.2d 148· 5th Cir.· 1957-11-08 ·cited 4×
  The court held that while the government breached its obligation to redeliver the property, the plaintiff failed to prove actual damages or that obtaining a new lease was an involuntary act to minimize losses.
• Land & SEA Petroleum Holdings, Inc. v. Leavitt
  321 So. 3d 810· Fla. 4th DCA· 2021-05-26 ·cited 3×
  Land & Sea Petroleum Holdings, Inc. appeals a trial court judgment finding it proved several claims against Employee and Competitor but awarding zero dollars in damages. The appellate court held that the trial court erred by failing to award nominal damages on the proven claims,
• Zaki Kulaibee Establishment v. McFLICKER
  788 F. Supp. 2d 1363· S.D. Fla.· 2011-04-25 ·cited 3×
  The court held that genuine issues of material fact preclude summary judgment on several breach of contract claims, including failure to pay amounts owed, failure to provide documentation (as to damages), failure to pay out insurance proceeds, inflated warehouse costs, sham trans
• Atheists of Florida v. City of Lakeland
  779 F. Supp. 2d 1330· M.D. Fla.· 2011-03-15 ·cited 3×
  The court held that the City's enactment of Resolution 10-041, passed after the lawsuit was filed and potentially as a litigation tactic, did not render the case moot because plaintiffs alleged the resolution codified an unconstitutional practice and was not followed. The court d
• Hershell Gill Consulting Eng'rs, Inc. v. Miami-Dade Cnty.
  333 F. Supp. 2d 1305· S.D. Fla.· 2004-08-24 ·cited 3×
  The court held that Miami-Dade County's MWBE programs are unconstitutional as applied to A&E contracts and will be permanently enjoined. Commissioners are immune for past votes but liable for damages due to clearly established law. Plaintiffs are awarded nominal damages and attor
• Miner v. City OF Glens Falls
  999 F.2d 655· 2d Cir.· 1993-07-26 ·cited 3×
  The court held that while the district court improperly shifted the burden of proving causation, the plaintiff was entitled to a judgment as a matter of law on causation because he presented sufficient evidence at the summary judgment stage, and thus the damages award is affirmed
• Robinson v. The City OF ST. Charles
  972 F.2d 974· 8th Cir.· 1992-08-14 ·cited 3×
  The court affirmed the jury's verdict of no liability for the Robinsons and agreed that Jones was not a prevailing party due to the lack of damages awarded, despite a finding of constitutional violation.