Sentences with phrase «treble damages»

Thus, the court held that Wiechert was liable under the Act and allowed treble damages.
RESPA violations can result in the recovery of treble damages or even criminal penalties, including fines or imprisonment or both.
Juries are often happy to award treble damages and attorney's fees against investors, so caution is in order.
The Complaint seeks restitution «of all sums unlawfully collected» from consumers, as well as treble damages and attorneys» fees.
The court held that although the seller's agent had not «sold» anything to the buyer, he was liable under the DPTA, which allows for treble damages.
The court awarded $ 1,175 in actual damages, $ 3,525 in treble damages, and $ 14,000 in attorneys» fees.
The low threshold for a finding of willfulness, coupled with the threat of treble damages, chilled innovation by discouraging competitors from even reading each other's patents.
S. 1145 would also have clearly defined situations in which defendants would be liable for willful infringement, which can result in treble damages for the losing party.
The jury's verdict erased several hundred million dollars sought in treble damages, plus attorneys» fees, and brought nine years of litigation to a close.
He suggested treble damages as a maximum punitive damage award, just as treble damages is the maximum in antitrust cases.
Controversially, the Commission has even suggested a «double damages» rule — not dissimilar to the treble damages awarded for breaches of US competition laws.
Further, to balance such an outcome, it is fortunate for patent owners to see the Supreme Court's Halo decision allowing for greater clarity and ease of use of the treble damages assertion.
CPLR 7501 et seq. similarly sets forth the standards for judicial review of arbitration awards for arbitrations governed by New York State procedures, and similarly limits the court's authority to vacatur of the Award — not a sanction against the attorney, much less an award of treble damages.
Alabama law allows representatives who suffer damage to recover treble damages (three times actual damages) plus attorneys» fees in claims over wrongfully unpaid commissions.
I would keep things as they were and not subject basic questions of patent law to an unbounded inquiry under antitrust law, with its treble damages and famously burdensome discovery...»
There are also civil remedies under RICO available to any person injured by a RICO defendant, which include treble damages sustained by the injured party and the cost of the lawsuit, including reasonable attorneys» fees.
In contrast to the United States however, only single not treble damages, are available to successful plaintiffs in Canada.
Plaintiffs seek to depose Karmeier and, representing a class identical to the one in Avery, seek treble damages awarded with 14 years of interest.
Violations of the Texas Deceptive Trade Practices Act — Texas has a strong, consumer - oriented deceptive practices law, and business found guilty of violation of the Texas DTPA can be forced to pay treble damages and attorney's fees to a successful plaintiff.
Because of the nature of drunk driving (the driver chose to drink and then put others at risk by driving), the state allows double or treble damages in drunk driving accident lawsuits.
Proposed safeguards to stop frivolous litigation include a ban on contingency fees, not allowing treble damages, and maintaining the «loser pays» rule.
If a debt adjuster violates the Statute, they also violate the Consumer Protection Act, entitling the debtor to treble damages in civil litigation.
A four - week jury trial resulted in a judgment for our client in excess of $ 20 million on the trade secret allegations, including treble damages and attorneys» fees.
Catered appetizers and drinks will be served in Sturm Hall followed by a performance by Treble Damages in Davis Auditorium of:
• Would the issue of willfulness have been tried, with the possibility of treble damages?
So who knew that Massachusetts has a law imposing treble damages on anyone who cuts down a neighbor's tree?
Such action will not only stop there, as The Devin Law Firm, P.A. will also take action and recourse to put a stop to that bad faith conduct and unfair and deceptive trade by moving for punitive damages and treble damages respectively at trial.
Seeking to cash in on a money - back guarantee PayPal offered, Gielata reportedly sold a friend three paintings via eBay for $ 3,000 then represented the friend in a lawsuit against PayPal seeking to recover the purchase price plus treble damages and attorney fees.
«The Panel believes that the evidence presented showed by clear and convincing evidence that there was a scheme, an ill conceived plan to get together with a friend, sell paintings to each other, make claims against Pay Pal and then pursue legal action to recover not only the Money Back Guarantee, but treble damages and attorney's fees.»
In addition, the proposed Congressional bill would allow American authors and publishers to countersue, and if a jury found that the foreign suit was an attempt to suppress protected speech, it could award treble damages.
The Delaware Supreme Court yesterday issued a public reprimand against lawyer Joseph N. Gielata for «an ill conceived plan» to orchestrate eBay purchases in order to recover treble damages from PayPal.
Moreover, when a violation is proved, the Division of Civil Rights or a court is required to award treble damages, meaning the employee recovers three times the amount of the underpayment.
If a court determines that they refused to pay in bad faith, you may even be entitled to treble damages and your attorney's fees for having to sue them.
The result is that amounts that are billed under the «cloud» of Stark can lead to treble damages plus up to $ 11,000 per claim.
Brought under the Tennessee consumer protection act, the suit seeks treble damages for anyone who joined the club believing it would help them score tickets.
The third statute is the Racketeer Influenced and Corrupt Organizations Act («RICO»), 18 U.S.C. § § 1961 - 1968 (Counts 3 and 4), which provides private parties with a cause of action to recover treble damages due to injuries they received from a defendant's unlawful racketeering activity and the government with a cause of action to seek other equitable remedies to prevent future unlawful acts.
The plaintiffs seek declarations that the defendants have violated RICO by committing mail and wire fraud and that their conduct constitutes unfair, deceptive or unconscionable sales practices; damages including treble damages, costs of litigation and attorneys» fees.
In the Franklin American case, the Justice Department said the lender violated the False Claims Act, a Civil War - era law that extracts treble damages from violators.
As each publisher settled, the remaining defendants became responsible not only for their own treble damages, but also possibly for the treble damages of the settling publishers (minus what they settled for).
My only point is, RWA could do things that cross the line into per se illegality, and so what I am trying to say is more along the lines of «be careful and talk to counsel who understands antitrust implications, and make sure you're not trying to punish Harlequin, but protect authors; otherwise the road is perilous and could lead you unto treble damages; and lo, they are big.»
That's a per se violation of antitrust law, and it's punishable by criminal penalities, along side civil treble damages.
The authors then consider the position in other jurisdictions (such as the US, where the prospect of treble damages has encouraged much more significant private litigation) before making some suggestions for improving the rate of private litigation.
The lawsuit additionally seeks punitive and treble damages for ABBC's possible violations of US and New York law.
Consumer protection laws often allow treble damages and attorneys» fees.
In the closing months of the Clinton administration, the Justice Department sued Harvard, Shleifer, Hay and Zimmerman, seeking treble damages from the university for the mission gone awry.
«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.
Duan said he would wait for authorities to determine any penalty and whether he actually owes Edelman treble damages.
I am personally giving extra credit to the band «Treble Damage» for having the most law - related name of all the bands.
In the US, the European Union and other jurisdictions, damages in private civil case are frequently enhanced, such as treble damage awards in the US, or made easier to prove.
The firm's antitrust practice covers the full range of counseling and litigation services that might arise from either government enforcement matters or private treble damage actions.
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