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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Segura v. Cabrera, 184 Wash. 2d 587 (2015)

Citation
Segura v. Cabrera, 184 Wash. 2d 587 (2015)
Parent Document
Segura v. Cabrera, 184 Wash. 2d 587 (2015)
Jurisdiction
Washington (state)
Effective Date
2015-10-29

Other Sections in This Document (60)

Full Text

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Id. at 529 (emphasis omitted) (quoting Gertz v. Robert Welch, Inc., 418 U.S. 323, 350, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974)). Noting that “actual damages” denotes both the type of damage award and the nature of injury for which a plaintiff may recover damages, we also stated in Rasor, “In this sense, the term has a second, consonant and established meaning. ‘ “Actual” damages are synonymous with compensatory damages’. Thus, actual damages, flowing from injury in fact, are to be distinguished from damages which are ‘nominal,’ ‘exemplary’ or ‘punitive.’ ” Id. at 530 n.3 (citations omitted) (quoting Werder v. Hoffman, 238 F. Supp. 437, 445 (M.D. Pa. 1965)). We therefore held that “actual damages” under the FCRA includes all of the elements of compensatory awards generally, including harm to business reputation and emotional suffering. Id. at 530.