Matches in SCALES for { <http://schemas.scales-okn.org/rdf/scales#/DocketEntry/cod;;1:16-cv-01736_de87> ?p ?o ?g. }
Showing items 1 to 5 of
5
with 100 items per page.
- cod;;1:16-cv-01736_de87 RegisterActionDate "2018-03-07" @default.
- cod;;1:16-cv-01736_de87 RegisterActionDescriptionText "ORDER denying 80 Motion for Partial Summary Judgment: The motion seeks summary judgment on the Plaintiffs' newly-added "claim" for punitive damages. The motion is denied for several reasons. First, it is untimely. The amended Schedling Order set a deadline for the filing of dispositive motions in May 2017. The Defendant has not sought nor obtained leave to modify that deadline or file a dispositive motion despite the expiration of that deadline. Second, although the Plaintiffs caption it as such, this Court does not recognize a freestanding "claim for punitive damages." Punitive damages are a remedy that can be obtained upon proof of a substantive statutory, tort, or contractual violation (sometimes with proof of certain additional factual predicates). Thus, there is no "claim" for punitive damages that can be brought independently of any substantive legal claim. As such, there is no claim on which the Court could grant summary judgment to the Defendant as requested. For these reasons, the motion is denied. However, the Court will treat the motion as a trial brief on the issue of whether a jury should be given a punitive damages instruction, and the Court will consider that question at the time of the Charging Conference. By Chief Judge Marcia S. Krieger on 3/7/18. Text Only Entry (msklc2, ) (Entered: 03/07/2018)" @default.
- cod;;1:16-cv-01736_de87 AdministrativeID "88" @default.
- cod;;1:16-cv-01736_de87 OntologyLabel order @default.
- cod;;1:16-cv-01736_de87 hasReferenceToOtherEntry cod;;1:16-cv-01736_de79 @default.