MASSACHUSETTS--THE ONLY STATE WITH MANDATORY TREBLE DAMAGES
162) In State Farm, the defendant argued that civil treble damages
under RICO are "penal" and did not survive the death of the wrongdoer.
There are three key actions that mortgagees [lenders] must take to help avoid assessment of treble damages
for failure to engage in loss mitigation.
Justice Albin continued in his dissent: "A defendant who is found liable under the IFPA is subject to compensatory damages, treble damages
, mandatory assessment of investigation expenses, attorneys' fees and costs .
Because of the combined penalties and treble damages
, the government's dollar recoveries can be very large in relation to the fraud committed--sometimes amounting to several million dollars.
Therefore, said the court, the arbitrator was free to award treble damages
if he found that the franchisor had violated antitrust laws.
The book attempts to explain the historical background and evolving relationship between antitrust treble damages
and punitive damages as it developed through case law and recent legislation.
This advice came from Brent Carpenter of Sugar Land, Texas, after a jury awarded his client traditional tort damages and treble damages
for violation of consumer protection laws.
We're going to go after treble damages
and punitive damages.
Otherwise, the seller is considered to be engaging in "anti-competitive" behavior, and a victorious plaintiff can be awarded treble damages
The Clinic was found guilty of anticompetitive practices, and the jury awarded the plaintiffs treble damages
of about $48 million.
Even when an innocent CPA believes such problems can be overcome, the sheer risk of the endeavor-- particularly given the threat of punitive damages or treble damages
under the Racketeer-Influenced and Corrupt Organizations Act may make out-of-court settlement of even a frivolous case the preferred course of action.
Two miners filed suit seeking in excess of $16,000 for unpaid wages, treble damages
allowed by Arizona statute (Sect.
GEICO seeks to recover a total of more than $9 million in compensatory and treble damages
under the Federal RICO statute and New York common law, as well as orders prohibiting the payment of more than $8 million dollars in unpaid claims that remain pending from the alleged activity.
However, the agreement was silent as to (1) the purpose or tax characterization of the payment and (2) the portion (if any) that represented treble damages