Any thoughts would be helpful
I do not practice in your state, but I can talk generally about the valuation of damages. For simplicity's sake, you should assume you have two types of damages. First, you have your actual damages. How you were demonstrably injured. This can be in lost wages and opportunities, it can be in medical or psychological treatment costs, it can be emotional or "pain and suffering" damages, if they are available under your cases of action. Second is punitive damages, which are damages to punish the Defendant and to deter future conduct. You may also have statutory damages. All of these you should discuss with your attorney.
Now punitive damages are inherently subjective. They are not based on what was done to you and what you suffered, it is based on what is necessary to send a message to the Defendant to never do this again. If it is a big company, that number can be big. If it is a small company, that number may be small. The Supreme Court has placed constitutional limits on punitive damages. There is no set formula, but generally you should assume that punitive damages cannot properly exceed 8 to 10 times the actual damages you prove, and very possibly less based on your Court's discretion.
With this background, you need to sum up your actual, provable damages. That is your most important number. You have potential punitive damages if the conduct was egregious, and you can factor that in. $1.8M may or may not be a reasonable amount. In a vacuum it sounds high, but these determinations are fact-bound: what did they do, how, when, how often, and how offensive was it? There is no easy answer to that question. if you are represented, and it sounds like you are, talk to your counsel. "Dance with the one that brought you."
Hi , I would like to gets some advices about the naming of my business if you don't mind.
My name is Ornella Chevalier, I come from France and I am planning to work with american customers as a content marketing strategist in b2b as a freelancer.
I am currently building my website accordingly.
Couple of months ago, I have registered an LLC ( Essiam LLC) in Wyoming with a physical US mail address and virtual office, in the inted of initially starting an e-commerce business on the US market.
Unfortunately, the IRS took for ever to issue my EIN number due to the covid-19 crisis and I finally change my mind.
Now that I am about to build my freelancing activity instead, I am a bit confused regarding the domain name I should opt for.
At first, I wanted to name my new website essiam.com as this name is already legally registered, but few people told me that as a freelance writer, it would make it harder for prospects to find me if my name isn't written on the domain. So for more consistency, I should instead choose between ornella-chevalier.com or maybe ornella-Essiam.com (Do not hesitate to tell me which one sounds the mostappropriate, is always good to get a new view point).
Anyway, my question is, as non american resident-alien with an american physical business already, do I have to registered for a new LLC if I decided to use my personnel name to create a website ? If I am instead choosing to use ornella-Essiam.com, as their is " Essiam" within this new domain name, would it be ok to use it without having to register with a new llc as well?
Or last option, would I be able to link either of this domains to my actual Essiam LLC and how much would it cost me?
A you can see, it is a bit unclear for me and I would really appreciate any insight you have, to help me with this matters.
I am looking forward to hearing from you,
Kind regards,
Ornella Chevalier
