Nominal Damages

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

• Holloway v. COI Larry Alexander
  957 F.2d 529· 8th Cir.· 1992-02-20 ·cited 3×
  The court held that shackling a prisoner plaintiff and his witnesses did not deny a fair trial, and the jury's verdict was supported by sufficient evidence.
• Robinson v. Jacksonville Shipyards, Inc.
  1991 U.S. Dist. LEXIS 4678· M.D. Fla.· 1991-03-08 ·cited 3×
  The court held that the pervasive display of sexually explicit images and the occurrence of sexually demeaning remarks created a sexually hostile work environment, violating Title VII.
• Lothschuetz v. Carpenter
  898 F.2d 1200· 6th Cir.· 1990-03-28 ·cited 3×
• Wilkinson v. Forst
  832 F.2d 1330· 2d Cir.· 1987-11-09 ·cited 3×
  The court held that while indiscriminate pat-down searches at Klan rallies are intrusive, the state's interest in preventing violence justifies such searches when there is a demonstrated history of violence and anticipated confrontation, and that the lower court gave inadequate w
• L.A. Draper & SON, Inc. v. Wheelabrator-Frye, Inc.
  813 F.2d 332· 11th Cir.· 1987-03-27 ·cited 3×
  The court held that while claims against a supplier were properly dismissed, the claims against a former employee for breach of fiduciary duty and tortious interference with business relations should not have been summarily decided, as genuine issues of material fact existed rega
• Rimmer v. Colt Indus. Operating Corp.
  656 F.2d 323· 8th Cir.· 1981-08-11 ·cited 3×
  The court holds that the Missouri service letter statute, as interpreted by the majority, requires proof of actual malice to recover punitive damages, which is the minimum standard to withstand a First Amendment challenge.
• Hous. Auth. OF City OF KEY W. v. Joseph G. Moretti, Inc.
  119 So. 2d 728· Fla. 3d DCA· 1960-03-10 ·cited 3×
  The appellate court affirmed a lower court's judgment, finding that the plaintiff failed to demonstrate entitlement to a directed verdict on liability in a breach of contract case. The court concluded that the defendant presented sufficient evidence to avoid a directed verdict.
• Inspired Cap., LLC v. Howell
  387 So. 3d 348· Fla. 3d DCA· 2023-08-02 ·cited 2×
  The appellate court affirmed in part and reversed in part a trial court's summary judgment. While the trial court correctly found Inspired Capital's claims for lost profits, lost business value, and out-of-pocket damages to be unsupported by evidence, it erred in denying nominal
• Suresh Gidwani and Bina Gidwani v. Roberts
  349 So. 3d 917· Fla. 3d DCA· 2022-10-12 ·cited 2×
  Suresh and Bina Gidwani appealed a trial court's award of attorneys' fees and costs to Sherry Roberts and Alice Randolph in a dispute over condominium parking space ownership. The appellate court affirmed the trial court's determination that the parking spaces belonged to the pla
• Sanchez v. Cnty. of Volusia
  331 So. 3d 853· Fla. 5th DCA· 2021-12-09 ·cited 2×
  Appellants Robert and Carrie Sanchez appealed a summary judgment foreclosing code enforcement liens assessed by Volusia County. The court affirmed the dismissal of their first affirmative defense but reversed and remanded the dismissal of their amended counterclaim, holding that
• Demetruis Carter v. Warden Marty Allen
  940 F.3d 1233· 11th Cir.· 2019-10-16 ·cited 2×
  The court denied a petition for rehearing en banc, with a concurring judge noting that the specific legal issue regarding the Prison Litigation Reform Act's limitation on recovery was moot in this particular appeal.
• Wilson v. Moore
  270 F. Supp. 2d 1328· N.D. Fla.· 2003-05-01 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for defendants in part and denying it in part, dismissing some claims as moot or for lack of jurisdiction.
• Kent v. Sullivan
  793 So. 2d 1027· Fla. 5th DCA· 2001-07-13 ·cited 2×
  A false representation, even if known to be false and made to induce reliance, does not constitute fraud if there are no resulting damages.
• Bonita Conquest v. Auto-Owners Ins. Co.
  773 So. 2d 71· Fla. 2d DCA· 1998-04-06 ·cited 2×
  Bonita Conquest appealed a directed verdict in favor of Auto-Owners Insurance Company on her statutory claim for unfair claim settlement practices under Florida Statutes section 624.155. The court affirmed, holding that Conquest failed to present sufficient evidence of causation
• Tampa Port Auth. v. M/V Duchess
  65 F. Supp. 2d 1305· M.D. Fla.· 1998-02-04 ·cited 2×
  The court held that nominal damages are not recoverable in admiralty actions, especially when actual damages have been proven and awarded to a subrogee.
• Stein v. CIGNA Ins. Co.
  744 So. 2d 462· Fla. 4th DCA· 1997-12-31 ·cited 2×
  Sheldon Stein sued his insurer under uninsured motorist coverage for injuries from an automobile accident. A jury found him 25% negligent, the other driver 75% negligent, awarded $200,000 for past pain and suffering, and found a permanent injury, but awarded no future damages. Th
• Johnston-Loehner v. O'Brien
  859 F. Supp. 575· M.D. Fla.· 1994-06-09 ·cited 2×
  A public school policy requiring prior administrative approval for student distribution of written materials is an unconstitutional prior restraint on speech, violating the First Amendment.
• Rederick E. Cummings v. Malone
  995 F.2d 817· 8th Cir.· 1993-06-09 ·cited 2×
  The court held that the jury instructions on Eighth Amendment liability were erroneous because they did not properly instruct the jury on the 'maliciously and sadistically for the very purpose of causing harm' standard, and that the district court erred in excluding certain impea
• Hill v. City of Pontotoc
  993 F.2d 422· 5th Cir.· 1993-06-02 ·cited 2×
  The court held that the magistrate judge did not err in allowing the jury to determine causation for damages in a procedural due process claim, and that the jury's finding on mitigation of damages was reasonable.
• Coca-Cola Bottling Co. OF Elizabethtown, Inc. v. The Coca-Cola Co.
  988 F.2d 386· 3d Cir.· 1993-02-17 ·cited 2×
  The court held that the Consent Decrees and resulting contracts obligated the Company to supply only syrup sweetened with a specific amount of cane or beet sugar, not high-fructose corn syrup (HFCS). However, the court also found that the HFCS syrup was materially comparable, vac
• Richmond v. Parks
  980 F.2d 518· 8th Cir.· 1992-11-24 ·cited 2×
  The court held that the employer's statement to the press regarding employee terminations for drug violations was protected by a qualified privilege under Arkansas law, and that the denial of costs to plaintiffs who received only nominal damages was not an abuse of discretion.
• Ivron Butler v. Denis Dowd
  979 F.2d 661· 8th Cir.· 1992-11-11 ·cited 2×
  The court held that a zero award for pain and suffering damages was shocking and unreasonable given the facts.
• Watchorn Ex Rel. Christenson v. Town of Davie
  795 F. Supp. 1112· S.D. Fla.· 1992-08-07 ·cited 2×
  A plaintiff must obtain actual relief on the merits to be considered a prevailing party for attorney's fees under Section 1988, and a zero-dollar verdict does not constitute such relief.
• Diercks v. Durham
  959 F.2d 710· 8th Cir.· 1992-03-23 ·cited 2×
  The court held that the supervisor was not entitled to qualified immunity and that the inmate's claim regarding actual damages causation was not preserved for appeal.
• Kidwell v. Transp. Commc'ns Int'l Union
  946 F.2d 283· 4th Cir.· 1991-10-03 ·cited 2×
  The court held that neither the Railway Labor Act nor the First Amendment grants a union member the right to pay reduced dues for only collective bargaining activities while remaining a member.
• Maria-Kelly F. Yniguez v. State of Ariz.
  975 F.2d 646· 9th Cir.· 1991-09-16 ·cited 2×
  A case is not moot if the plaintiff may still be entitled to nominal damages, even if they have ceased to be affected by the challenged provision.
• State v. Niosi
  583 So. 2d 441· Fla. 4th DCA· 1991-08-14 ·cited 2×
• Gray v. Detective Spillman
  925 F.2d 90· 4th Cir.· 1991-02-07 ·cited 2×
  Serious physical injury is not an essential element of a 42 U.S.C. § 1983 claim when the allegation is being beaten or threatened during custodial interrogation. Summary judgment for the officers is reversed because the plaintiff's testimony creates a genuine issue of material fa
• Moran v. Hal Farrier
  924 F.2d 134· 8th Cir.· 1991-01-10 ·cited 2×
  The court held that the notice of appeal was jurisdictionally deficient for failing to name all appealing parties, and that prison officials violated an inmate's due process rights by failing to call a requested witness and basing a disciplinary decision on an inadequate record.
• Duvall v. Sharp
  905 F.2d 1188· 8th Cir.· 1990-06-14 ·cited 2×
  The court held that the district court erred in granting summary judgment for the defendants on the conspiracy/retaliation claim and the unlawful arrest claims, and that the plaintiff is entitled to nominal damages.
• Dawson v. Jones
  512 So. 2d 311· Fla. 2d DCA· 1987-09-11 ·cited 2×
  Appellants who owned and operated an airport challenged a trial court judgment enjoining them from interfering with neighboring property owners' easement rights and awarding $49,021.58 in damages. The Florida appellate court partially reversed, holding that the trial court improp
• Gavcus v. Potts
  808 F.2d 596· 7th Cir.· 1986-12-18 ·cited 2×
  The court held that damages for installing new locks and an alarm were not recoverable as they were not repairs for physical damage or proven emotional distress, and attorney's fees were not recoverable because the prior litigation was not with a third party and not proximately c
• Burt Cole v. Williams
  798 F.2d 280· 8th Cir.· 1986-08-04 ·cited 2×
  The court held that the district court properly denied the motion for a new trial and correctly granted judgment n.o.v. on the failure to take before a magistrate charge, but erred in dismissing the City of Westville.
• Howard v. Int'l Molders & Allied Workers Union
  779 F.2d 1546· 11th Cir.· 1986-01-14 ·cited 2×
  The court held that the unions violated Title VII and § 1981 by failing to take reasonable steps to eliminate a discriminatory testing requirement, and that the case must be remanded to determine damages for individuals who failed the test, even if the class as a whole showed no
• Wagstaff v. Protective Apparel Corp. OF Am., Inc.
  760 F.2d 1074· 10th Cir.· 1985-05-03 ·cited 2×
  The court held that frustration of purpose can be grounds for rescission under Oklahoma law and that a jury could find fraud based on misrepresentations of future success, but affirmed rescission while reversing the fraud judgment for a new trial on punitive damages.
• Mgmt. Sys. Assocs., Inc. v. McDONNELL Douglas Corp.
  762 F.2d 1161· 4th Cir.· 1985-03-01 ·cited 2×
  The court held that the trial court erred in admitting an exhibit summarizing royalty calculations based on an incorrect interpretation of the contract, and that the parties' contemporaneous construction of the contract supported McAUTO's interpretation.
• Cooley v. Clifton Power Corp.
  747 F.2d 258· 4th Cir.· 1984-11-01 ·cited 2×
  A downstream dam operator cannot impound river waters and cause inundation of an upstream riparian owner's property without the owner's consent, as this violates both South Carolina statute and common law.
• Coppola Enters., Inc. v. Arvida Realty Sales, Inc.
  435 So. 2d 922· Fla. 4th DCA· 1983-07-27 ·cited 2×
  The court held that the trial court erred in granting summary judgment for the buyer without taking testimony regarding the parties' stipulation, and that the broker's judgment must also fall.
• Owen v. Kimmel
  693 F.2d 711· 7th Cir.· 1982-11-26 ·cited 2×
  The court held that the district court erred by relying on prior case law without considering the impact of Patsy v. Board of Regents and 42 U.S.C. § 1997e regarding exhaustion of administrative remedies in Section 1983 actions.
• Wilkerson v. Gibbs
  405 So. 2d 1053· Fla. 1st DCA· 1981-11-17 ·cited 2×
  Wilkerson and Hughes appealed an order dismissing their action for mesne profits filed after they prevailed in a prior ejectment action. The court held that under Florida law, the common law action for mesne profits has merged with the statutory action of ejectment, precluding a
• Mills v. Eltra Corp.
  663 F.2d 760· 7th Cir.· 1981-11-10 ·cited 2×
  The court held that while the applicant's work on the certiorari petition was valuable, his fee claim was exaggerated due to the ultimate zero recovery for the clients, and reduced the awarded fee.
• Brooks v. S. Bell Tel. & Tel. Co. & W. Elec. Co., Inc.
  399 So. 2d 1· Fla. 4th DCA· 1981-04-29 ·cited 2×
  A trial court properly grants directed verdicts when a plaintiff presents no evidence of actual damages in support of the theories stated in its pleadings.
• Becker v. Celebration, Inc.
  541 F.2d 156· 6th Cir.· 1976-08-26 ·cited 2×
  The court held that the promoter did not breach its contract and that Tennessee law does not recognize a cause of action for tortious breach of contract, thus reversing the jury's verdict.
• Klenna Ann Fletcher v. Fla. Publ'g Co.
  319 So. 2d 100· Fla. 1st DCA· 1975-09-10 ·cited 2×
  Fletcher sued a newspaper for invasion of privacy after its photographer, accompanied by firefighters and police investigating her home after a fatal fire, entered her residence without her consent and photographed her deceased daughter's body silhouette. The trial court granted
• Guido v. City OF Schenectady
  404 F.2d 728· 2d Cir.· 1968-11-25 ·cited 2×
  The court held that the defendant police officials and employers should not be subjected to civil liability for using wiretap evidence in 1958, given the controlling law at that time.
• Midwestern Developments, Inc. v. The City OF Tulsa
  374 F.2d 683· 10th Cir.· 1967-03-20 ·cited 2×
  The court held that the railroad's conveyance of surface rights for highway purposes, while preventing continued railroad use, did not constitute abandonment as a matter of law because the impossibility of use was due to external factors, not voluntary intent to abandon.
• Silas v. Black
  193 So. 2d 13· Fla. 1st DCA· 1966-12-06 ·cited 2×
  In this wrongful death case, a jury found the defendant liable but awarded zero damages for the death of a 15-year-old boy killed in a bicycle-automobile accident. The administrator appealed the denial of his motion for a new trial, arguing the jury's verdict of no damages was un
• Brotherhood OF Railroad Trainmen v. The Denver & RIO Grande W. R.R. Co.
  338 F.2d 407· 10th Cir.· 1964-11-19 ·cited 2×
  The court held that the District Court correctly limited the award to nominal damages because the aggrieved employees suffered no actual monetary loss from the contract violation.
• Taylor v. Va. Metal Prods. Corp.
  204 F.2d 457· 4th Cir.· 1953-05-16 ·cited 2×
  The court held that the jury's verdict was consistent and that the trial court did not abuse its discretion in refusing to set aside the nominal damages awarded on the counterclaim.
• United States v. Kanter
  137 F.2d 828· 8th Cir.· 1943-09-04 ·cited 2×
  The court held that the government, by its own actions causing significant delay in inspection and rejection of the pillows, waived its right to enforce the liquidated damages clause for the contractor's delay.