While the purpose for the now discretionary ability to
treble damages is clear from the legislative history, the language of the statute still left it up to the courts to develop the doctrine controlling when that ability should be exercised.
For unintentional or involuntary trespasses,
treble damages would fail to discourage future trespasses by the defendant, because the forces behind these trespasses, such as fires, are difficult to predict and control.
As mentioned, consumers, tenants, and workers have been able to avoid the "death knell" impact of section 901(b) by agreeing to waive the
treble damage and penalty provisions of GBL sections 349 and 350,100 Labor Law sections 220, 198, and 196-b, (101) and RSL section 26-516(a) (102) and giving class members the opportunity to opt out if they prefer to seek
treble damages individually.
The Massachusetts Wage Act is a state statute with teeth--employers who violate the various provisions of the state's wage and hour laws will be ordered to pay mandatory
treble damages, court costs, interest, and attorneys' fees upon the judicial finding of a violation in a civil proceeding.
(171) to determine whether RICO
treble damages are "penal" for survival purposes.
Now the same origination and quality-control issues are being used as the basis for
treble damages claims under the FCA.
The government is seeking
treble damages under the False Claims Act, and a number of other remedies.
Late last month Abbott appealed the ruling, and a week after that, Church & Dwight filed its own appeal, contesting the judge's decision to deny the company
treble damages.
The suit seeks
treble damages plus penalties under the False Claims Act.
Lack explores the proposal to amend the civil remedy to provide for
treble damage awards, using the United States' antitrust law and antiracketeering legislation to demonstrate the role of
treble damages as financial incentives to encourage the private enforcement of public policy.
SLU seeks
treble damages that could reach $1 million, the suit says, if Meyer is found to have willfully misused the newspaper's name.
(12) This would allow both direct and indirect purchasers to have standing to sue for
treble damages in federal court.