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Where the evidence clearly established the elements of intent and malice in an inducement of breach of contract case, summary judgment for plaintiff was affirmed. Moreover, the trial court’s ruling that plaintiff could recover attorney’s fees as compensatorydamages under the independent tort theory was also affirmed.
Spending clause legislation, the court has explained, is like a contract: In return for federal funds, recipients agree to comply with Congress’ conditions. Gorman , the court applied the contract analogy to the issue of which remedies are appropriate when private parties sue for violations of spending clause legislation.
The complaint asked the court for compensatorydamages, equitable relief, attorneys’ fees, punitive damages, disgorgement of profits, and costs of suit. Maui asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. County of Maui v.
But the Court rejected arguments that the government could be forced to meet more specific renewable energy and energy efficiency targets on the grounds that such sectoral measures cannot be independently directly linked to ecological damage. Notre Affaire à Tous and Others v. Plaintiffs challenge two aspects of the regulations.
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