The mandatory treble damages
provision in Massachusetts is needlessly harsh on an employer acting in good faith, especially considering that no other state has such a sweeping damages provision.
171) to determine whether RICO treble damages
are "penal" for survival purposes.
In addition, the Court noted that the act's treble damages
are punitive in nature, and there is a "presumption against imposition of punitive damages on governmental agencies.
Thus, the plaintiff in Gonzalez ultimately rejected the treble damages
in favor of a gross negligence award that included punitive damages.
A claim for treble damages
against Yuma Metals was precluded because it was not the employer of the miners.
The Ninth Circuit remanded Talley back to the Tax Court to determine whether the treble damages
were intended to compensate the government for its losses or to punish the taxpayer.
We are concerned that the inability to completely avoid treble damages
may make FHA servicing less attractive.
Above and beyond the treble damages
penalty, that seems a double punishment of the landlord, and a punishment of the new tenant, disrupting its business by putting it out of possession.
The district court held that the detainee stated a cognizable civil rights complaint against the sheriff, and the detainee pled a cause of action under a state law that provided tbat a keeper of a jail must pay treble damages
if he/she does any wrong or injury to detainee, and is guilty of a Class 1 misdemeanor.
The Court also found that Romano willfully violated GBL [section]349 and would have awarded Gutterman treble damages
as the law allows, except such damage would also have exceeded the jurisdiction of the Court.