Pay violations will trigger new penalties Apr 15, 2008
The law, designed in part to compensate employees whose credit was damaged or whose bills piled up because they weren't properly paid, would impose mandatory treble damages on employers who are found in court to have violated so-called wage-and-hour laws ... Lawyers who represent employees argued that without a mandatory treble damages penalty, employers who lost wage-violation lawsuits could be ordered to reimburse workers for back pay, plus interest - but not have to compensate them for the... (Boston Globe)
GOV ALLOWS TRIPLE DAMAGES TO BECOME LAW, DESPITE HIS OWN OBJECTIONS Apr 15, 2008
Known as the treble damages bill (S 1059), the legislation would force business owners to pay three times the wages they owe their employees should employees successfully argue that they had not been paid on time ... I am declining to sign the bill because I remain concerned that mandating treble damages in all cases, without any exception for employers who act in good faith, is unfairly punitive ... In February, the governor returned the bill with an amendment, saying Treble damages can be a... (Wellesley Townsman, MA)
S.F. Returns Some Of Disputed Crime Grant Apr 10, 2008
Such a suit, if successful, could result in treble damages against the city, or more than $16 million. U.S. Attorney Joseph Russoniello asked to review documentation with city officials and said, "If I do not hear back from you by March 7, 2008, I will assume that San Francisco does not wish to discuss this matter further" and will proceed to act "without the benefit of your views.". (San Francisco Chronicle -- Crime)
Statehouse Roundup: Its a taxing time of year Apr 8, 2008
Treble damages bill s passage sets up potential veto override The Legislature, quietly disagreeing with Gov. Deval Patrick, sent back to him a proposal requiring employers who fail to pay their workers on time to pay triple the amount in withheld wages. In concurrence with legislative Republicans, Patrick argued that employers could be punished for a mistake made by an accountant. (Pembroke Mariner, MA)
Georgia-Pacific takes a wipe Apr 5, 2008
G-P is asking the court to force Clorox to pay damages for the infringement, which amounts to a reasonable royalty at minimum, treble damages for willful infringement, attorney fees and costs, and interest. Pages: 1. (Atlanta Business Chronicle, GA)
Workers' wages bill waits for Patrick's signature Apr 4, 2008
Opponents say mandatory treble damages could penalize companies that run into cash-flow problems and have to wait for new financing. An identical bill was vetoed in 2006 by Governor Mitt Romney. (Boston Globe)
2nd Circuit Decertifies Light Cigarette Class Apr 4, 2008
Smokers seeking treble damages that could go as high as $800 billion claimed they bought the tobacco companies' line that light cigarettes were healthier than "full-flavored" cigarettes and therefore bought more of the products and paid more for them. Walker wrote, "Most smokers who smoke Lights obtain just as much tar and nicotine as they would if they smoked full-flavored cigarettes, principally by 'compensating' -- that is, either by inhaling more smoke per cigarette (e.g., by covering... (Law.com)
Companies sue chocolate makers Mar 29, 2008
A week earlier, rival drugstore chains CVS Pharmacy Inc. and Rite Aid Corp. filed a similar lawsuit in eastern Pennsylvania, also seeking treble damages. Yet another lawsuit filed in that court paired up drugstore operator Walgreen Co. with grocers Kroger and Safeway Inc.. (Pittsburgh Post-Gazette, PA)
ADM sues 5 major railroads over fuel surcharges Mar 27, 2008
ADM has paid more than $250 million in fuel surcharges since 2003 and is seeking treble damages, according to the lawsuit filed on Tuesday in Minnesota District Court. The suit was filed against CSX Transportation Inc, Burlington Northern Santa Fe Corp., Union Pacific Corp., Norfolk Southern Corp and Kansas City Southern. (Crain's Chicago Business)
To catch a cartel Mar 21, 2008
" Samuel says the immunity policy must protected at all cost. "If the integrity of our immunity policy is not protected, then the Maurice Blackburns will not have their third-party actions because the cartels won't be revealed," he says. A competition law lecturer, Caron Beaton-Wells, says similar concerns have been expressed by regulators in North America and Europe, where leniency policies have been in force longer than in Australia and where "high profile cartels have been uncovered and high... (Sydney Morning Herald -- Business)
Hedlund Report -- More business than just casinos Mar 20, 2008
This new version will subject tankers to treble damages should they fail to notify the state they are passing through the bay and then spill oil. Although I am always conscious about the impact additional regulations on businesses will have on consumer pocketbooks, I feel this legislation is a fair attempt at protecting a valuable state resource. (Marshfield Mariner, MA)
Microsoft's Appeal to Stop Novell's Suit Rejected by U.S. Supreme Court Mar 18, 2008
Microsoft said the ruling allowing the suit, issued by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ``significantly expands the class of potential plaintiffs permitted to seek treble damages under the antitrust laws. . (Bloomberg -- Canada)
Bay Guardian wins $15.6 million from SF Weekly Mar 7, 2008
39 million, but treble damages for parts of the award brought it to $15. 6 million, according to reports. (Palo Alto Online, CA)
In Trial, Alaska Says Lilly Concealed Risks of a Schizophrenia Drug Mar 7, 2008
Ed Sniffen, the senior assistant attorney general for Alaska, said that damages could rise to the hundreds of millions of dollars if the state wins and is awarded treble damages for the cost of the care it has provided. Zyprexa is among the world s top-selling medicines, with sales of $4. (New York Times)
Clinton-Obama Debate Health: Mandates and More Feb 24, 2008
Health Blog : Clinton, Obama Debate Health: Mandates and More. WSJ s blog on health and the business of health. (Wall Street Journal)
Opinion: US can't afford to mar innovation Jan 28, 2008
For example, they make it more difficult to prove willful infringement; diminishing the threat of treble damages will only encourage infringement and promote litigiousness. The proposed changes in US patent law will make it easier for offshore copycats to bring their pirated goods into the US with impunity. (Christian Science Monitor)
Patent reform debate heads to U.S. Senate Jan 19, 2008
A case involving Microsoft and ATck down the practice of granting damages for sales outside the US. And a case involving Seagate Technology reduced the use of willful infringement which carries a penalty of treble damages ... Willful infringement can pay treble damages. (EETimes)
Lonza Withdraws Majority of Claims in Patent Lawsuit Against Northwest Biotherapeutics Dec 20, 2007
When Lonza still chose not to withdraw its complaint, NWBT filed an answer and counterclaims as soon as the 120-day period expired, denying all infringement claims by Lonza, and seeking recovery for violation of the Delaware Deceptive Trade Practices Act, unfair competition, tortious interference with prospective contractual relations, and abuse of process, including, among other things, treble damages and punitive damages. Following NWBT's filing of this answer and counterclaim, Lonza agreed... (PR Newswire)
Cigarette Importer Agrees to Pay U.S. $3.1 Million as Part of $10.26 Million Settlement with Justice Department Dec 5, 2007
Under the False Claims Act, the United States is entitled to recover treble damages and penalties from those who knowingly submit false claims for payment to the government or who knowingly fail to pay money owed to the government. "Importers who fraudulently understate their customs duties cheat American taxpayers," said Michael F. Hertz, Deputy Assistant Attorney General for the Civil Division. (PR Newswire)
Stop relatives from taking money Nov 29, 2007
"We got a guardian appointed, filed a lawsuit for conversion, and were able to set things right." In Florida, he adds, treble damages often attach to lawsuits alleging elder abuse. "So a civil lawsuit can be a powerful tool.". (AZCentral -- Business)
Patent notice letter demands legal counsel and a fast response Nov 19, 2007
Added to this, a patent owner can receive up to treble damages for "willful infringement." Patent owners use "patent notice letters" to increase the potential damage award for infringement by setting up a charge of willful infringement. In a recent high-profile case, RIM (the manufacturer of the Blackberry) paid $612. (Houston Business Journal, TX)
Tax Preparers Face Proposed Billion-Dollar Class Action Over E-Filing Nov 15, 2007
Byers and the proposed class are seeking a full refund of all fees paid for e-filing along with injunctive relief and treble damages. In the statement, Marrone said the defendants control the "vast majority" of market share when it comes to tax return preparation software and e-filing services. (Law.com)
Class Action Lawsuit Filed for Ticketless Hannah Montana Fans Nov 13, 2007
The lawsuit is asking for treble damages for all members of the class action lawsuit and recovery of all attorneys' fees, as stipulated in the Tennessee Consumer Protection Act. "Thousands of people joined the club based on the understanding that by joining they would be able to purchase Hannah Montana concert tickets before they were offered for sale to the general public," said Peirce. (Yahoo! Wire -- Entertainment News)
PBC tourism bureau to get $710,000 Oct 26, 2007
6M plus treble damages. The accounting firm should also be under criminal investigation by the State and the Federal authorities (it was a national accounting firm). (The Palm Beach Post)
AT&T Slaps Vonage With a Lawsuit Oct 23, 2007
ATeeking injunctive relief, compensatory and treble damages and attorneys' fees in unspecified amounts. The complaint relates to a single telecommunications patent, and Vonage and ATe been in discussions to resolve this matter for some time. (BusinessWeek)
AT&T Files Suit Against Vonage Oct 20, 2007
It said in a filing to the U.S. Securities nge Commission that ATeeking injunctive relief, compensatory and treble damages and attorneys' fees in unspecified amounts. Vonage said the lawsuit was filed in the U.S. District Court of the Western District of Wisconsin on Oct. 17. (eWeek)
Calif. Judge to Chew Over $96 Million Figure in Snuff Antitrust Case Oct 17, 2007
In March 2000, a federal jury in Kentucky ordered UST to pay Conwood treble damages totaling $1. 05 billion. (Law.com)
Supreme Court rejects Microsoft, Best Buy appeal to dismiss racketeering class-action lawsuit Oct 17, 2007
Most corporations cannot risk the possibility of an award of treble damages or the reputational injury of being sued under a law associated with racketeers and mobsters, they added. In its filing, the Chamber said civil RICO is becoming one of the most frequent and damaging devices used against businesses. (San Diego Union-Tribune -- Business)
Verdict mixed in Ellsworth-CIRI lawsuit; both sides see victory Oct 10, 2007
The jurors didn't know during deliberations that Ellsworth might actually be liable for treble damages, he said ... Treble damages -- which could increase the fraud award to $22 million -- are in play because the verdict found Ellsworth violated the state's Unfair Trade Practices and Consumer Protection Act, said CIRI general counsel Ethan Schutt ... Ellsworth will fight the plaintiffs' request for treble damages, and both sides plan to ask a judge to require the other side to pay all attorneys'... (Anchorage Daily News)
Both sides claim victory in CIRI verdict Oct 9, 2007
Ellsworth will end up owing treble damages -- $22 million -- because the jury found that he violated the state's Unfair Trade Practices and Consumer Protection Act, said CIRI general counsel Ethan Schutt. Ellsworth will fight the claim for treble damages, and attorneys for both sides said they plan to ask a judge to require the other side to pay all attorneys' fees ... Treble damages, attorneys' fees and some other weighty motions will be taken up soon by Superior Court Judge Sen Tan, who was... (Anchorage Daily News)
Insurers fight law on punitive payouts Oct 2, 2007
There's going to be no treble damages, because if companies deal with their customers in good faith there's no penalty. " The campaign to woo voters has already begun. The insurance industry-backed group is already running television commercials depicting greedy lawyers planning to sue and warning consumers that the law will lead to frivolous lawsuits and higher rates. It's not a new tactic by the insurance companies. Earlier this year, CNN exposed a controversial insurance industry strategy... (CNN -- US)
Sunrise Provides Status Report on Special Independent Committee Investigation; Provides Updates on Management's Internal Control Review Efforts and on Legal Proceedings Sep 29, 2007
5 million electronic and hard copy documents and interviews of 37 individuals, including current and former employees, current and former directors and audit engagement team members of its external auditor, Ernst , LLP ("Ehe Special Independent Committee held frequent in-person meetings throughout the course of the investigation, as well as regular update calls and other communications with WilmerHale and its experts. The Company and its officers, employees and directors cooperated fully with... (PR Newswire)
Countervailing forces propel patent reform Sep 18, 2007
And a case involving Seagate Technology raised the standard of proof for "willful infringement," which carries a penalty of treble damages. Page 2. (EETimes)
Chip makers sued over alleged NAND price fixing Sep 15, 2007
The lawsuit seeks restitution, injunction and damages, including treble damages, in an unspecified amount. As part of the suit, SanDisk and its CEO, Eli Harari, this week "received grand jury subpoenas issued from the U.S. District Court for the Northern District of California, indicating a Department of Justice investigation into possible antitrust violations in the NAND flash memory industry.". (EETimes)
Outrageous 'Fortune' slings suits in L'burg Sep 14, 2007
The counter suit maintains that in cases such as this, the law allows an award of treble damages, thus the total of $36 million. The countersuit names personally Lawrenceburg City Manager Tom Steidel, council member Mario Todd, bond bank members Kipp Newman and Jim Schwier and city attorney Joe Votaw. (Aurora Journal Press, IN)
Patent Reform Moves to Senate Sep 11, 2007
In addition, the bill limits the definition of willful infringement, which can bring treble damages. The House bill would also roll back the time for calculating when infringement begins from the current patent filing date to when the invention was actually made. (eWeek)
House passes controversial patent reform bill Sep 8, 2007
Willful infringement can pay treble damages ... In addition, a recent federal Court of Appeals decision involving disk-drive maker Seagate Technology set a precedent for narrowing the use of willful infringement to claim treble damages, making that part of the bill unnecessary, the administration argued. (EETimes)
Vioxx Ruling Eases Threat to Merck Sep 7, 2007
The union's case, which can still proceed to trial in state court, is brought under New Jersey's consumer-fraud act, which makes losing parties subject to treble damages. Merck outside defense counsel John Beisner, of O'Melveny and Myers, said the company is "quite pleased" with the ruling. (Wall Street Journal)
Patent reform heads to House floor Sep 7, 2007
Willful infringement can pay treble damages. The bill also would limit patent lawsuit venues to courts in jurisdictions where the infringement took place or where the parties do business. (EETimes)
Broadcom-Qualcomm Suit Continues Sep 6, 2007
Among the remedies sought by Broadcom are the elimination of royalties on Qualcomm's patents, treble damages, attorneys' fees and an end to what Broadcom claims are Qualcomm's discriminatory and anticompetitive practices. "Broadcom did not appeal the dismissal by the district court of four of its claims; therefore, six of Broadcom's eight federal claims in this case have now been conclusively resolved in Qualcomm's favor," San Diego-based Qualcomm said in a statement. (eWeek)
Tech Frets Over Dems' Continued Commitment Sep 6, 2007
The bill's provisions include narrowing the definition of willful infringement, which brings treble damages, and to limit infringement damages to the actual value of the technology involved. Currently, juries calculate damages based on the overall value of the finished product. (eWeek)
Broadcom Wins Federal Antitrust Appeal Against Qualcomm Sep 5, 2007
Broadcom is seeking multiple remedies in the case, including the elimination of royalties on Qualcomm's patents, treble damages, attorneys' fees, and an end to Qualcomm's discriminatory and anticompetitive practices. About Broadcom Broadcom Corporation is a major technology innovator and global leader in semiconductors for wired and wireless communications. (PR Newswire)
Marco Bellini Apparel Company Owner Sues Amaru Entertainment, Inc. (Tupac Shakur's Mom's Company) for Trademark Infringement Sep 5, 2007
Israel believes he is entitled to a permanent injunction against the defendant, as well as all other remedies available under the Lanham Act, including, but not limited to, compensatory damages; treble damages; disgorgement of profits; and costs and attorney's fees. Israel filed complaint no. 07-C-3124 June 6, 2007 in the United States District Court for the Northern District of Illinois Eastern Division. (Yahoo News -- Press Releases)
Judge Certifies Class-Action Case Against Nation's Largest Pharmaceutical Distributor in Alleged Pricing Scheme Aug 30, 2007
If found guilty, McKesson could be forced to pay treble damages under the RICO statute. "We believe that the damages incurred by healthcare consumers and third party payers could range in the billions of dollars," Berman said. (PR Newswire)
Lawsuit: Nobody puts studio in a corner Aug 23, 2007
It also seeks a court order requiring the defendants to pay restitution as well unspecified statutory and actual damages, treble damages and punitive damages. The defendants could not be reached for comment. (CNN -- Law)
• New Rules Called `Baby Steps' Aug 14, 2007
Blumenthal said he would continue to press legislators to adopt a law that includes "enacting a state False Claims Act allowing treble damages and other remedies against crooked contractors, requiring the state auditors to hire an independent engineer to monitor each project for compliance and corruption, adding a civil component to the state racketeering law making it easier to collect from corrupt contractors and officials, and revoking pensions of dishonest state officials.". "These measures... (FOX61, CT)
Former DFCS worker files suit Aug 10, 2007
A judgment under the Georgia Racketeer Influenced and Corrupt Organizations Act allows for treble damages three times the amount awarded by a jury or judge. "I lost my house. I lost my transportation, my income, my retirement, medical benefits," McCoy said. (Clayton Tribune, GA)
U.K. Vioxx Users Denied Recourse to New Jersey's Plaintiff-Friendly Forum Aug 1, 2007
The ruling is important because British law permits recovery of damages caused by defective products but not punitive damages, and it has no equivalent to New Jersey's Consumer Fraud Act, which provides for treble damages and fee shifting. Those causes have been pleaded successfully in U.S. Vioxx cases. (Law.com)
Buyout Firm Hits Mayer Brown With $245 Million Refco Suit Jul 28, 2007
A successful RICO claim would entitle Lee to treble damages. Mayer Brown is being defended by John Villa of Washington, D.C.'s Williams lly. (Law.com)
AMD announces $7.5 million Transmeta investment Jul 8, 2007
In the suit, Transmeta is seeking treble damages and a licensing deal. The company says that Intel has made over $100 billion on the processors at issue in this case, so we suspect that if Transmeta can build a strong suit, Intel might opt to just buy the beleaguered company. (Ars Technica)
A Tough High Court Term for Antitrust Plaintiffs Jul 6, 2007
In the antitrust context, "This has been a tough Supreme Court term for antitrust plaintiffs, particularly those attempting to bring an antitrust claim for treble damages in the securities context," said Wesley R. Powell, a partner in the global competition practice in Richmond, Va. -based Hunton ams' New York office. (Law.com)
Macy's Beats Antitrust Price-Fix Rap Jul 4, 2007
But even after Northern District of California Judge Vaughn Walker certified the case as a class action, paving the way for potential treble damages of over $41 million, the remaining defendants proceeded to trial. For the plaintiffs attorneys to prove their case, they had to demonstrate that Federated conspired with a former retail competitor to force tableware suppliers to boycott Bed Bath d.. (Law.com)
Schatz Nobel Izard P.C. Announces Class Action Lawsuit Against Bristol-Myers Squibb Company Jul 4, 2007
The Complaint further alleges that throughout the Class Period, Bristol-Myers failed to disclose material facts regarding the Apotex Settlement including: (i) that Bristol-Myers had relinquished material rights in connection with the settlement, including the right to treble damages; (ii) that if the Apotex Settlement was not approved, Apotex could flood the market with its generic version of Plavix; and (iii) that Bristol-Myers had negotiated improper side agreements in connection with the... (Primezone Releases)
Lockridge Grindal Nauen P.L.L.P. Files Class Action Securities Fraud Suit Against Bristol-Myers Squibb Company -- BMY Jun 30, 2007
The Complaint further alleges that throughout the Class Period, BMY failed to disclose material facts regarding the Apotex Settlement including: (1) that BMY had relinquished material rights in connection with the settlement, including the right to treble damages; (2) that if the Apotex Settlement was not approved, Apotex could flood the market with its generic version of Plavix; and (3) that BMY had negotiated improper side agreements in connection with the Apotex Settlement. On July 27, 2006,... (Primezone Releases)
High Court Raises the Bar for Investors Alleging Securities Fraud Jun 22, 2007
In Credit Suisse v. Billing on Monday, the Court ruled that securities law trumped antitrust law in this area, thereby precluding antitrust lawsuits -- which can result in treble damages -- against companies on issues regulated by the Securities and Exchange Commission. The Tellabs decision won praise from the business community as a win that strengthens the Private Securities Litigation Reform Act, passed by Congress in 1995 to protect companies from frivolous litigation. (Law.com)
Microsoft, LGE Make For Fine Patent Partners Jun 8, 2007
Such settlements have stirred action in Congress, where Democrats and Republicans introduced the Patent Reform Act of 2007 to more narrowly define willful infringement, which brings treble damages. The bill would also reduce the amount of infringement awards to the actual value of the covered patent, as opposed to the overall value of a product containing the technology. (CIO Information Network)
A Tech Difference on Patent Reform? Jun 7, 2007
The bills narrow the definition of willful infringement, which brings treble damages in infringement lawsuits ... "The settlement calculus derived from the high cost of litigation and the risk of an unprecedented damages award, not to mention an award of treble damages, is clearly weighted in favor of the patent holder," Doyle said. (SmallBusinessComputing)
Federal Circuit Eyes Attorney-Client Privilege Waiver in Key Patent Case May 23, 2007
Claims of willful infringement are made in more than 90 percent of patent infringement suits, according to patent scholars and litigators, in part because the standard for proving willful infringement is low and also because treble damages may be awarded ... Seagate, he added, is a good example of how the willfulness question, with its risk of treble damages, becomes the paramount issue in a case ... Morrison ter's amicus brief urges the court to replace the due care standard -- essentially a... (Law.com)
A Rocky Road to Patent Reform May 23, 2007
The bill would also narrow the definition of willful infringement, which brings treble damages in infringement lawsuits. The legislation also calls for limiting infringement damages to the economic value of the patent's contribution to an overall product. (CIO Information Network)
Bill would protect use of soldier names May 22, 2007
The legislation would make endeavors such as Frazier's T-shirt production subject to civil liability, and the potential of treble damages, unless the manufacturer had the permission of the soldier or his or her representative, such as a family member or a trustee. It would pertain to the use of soldiers' names in products, as well as advertising for those products. (AZCentral)
Judge Cherry declines to use his discretion to impose treble damages May 22, 2007
The Daily Reporter - News. Tuesday, May 22, 2007. (Coldwater Daily Reporter, MI)
Lawyer Who Sued BAR/BRI Now Questions the Settlement May 19, 2007
If the case against BAR/BRI were to go to trial, Disner argues in the brief filed Thursday, it could result in a judgment of more than $400 million, based on the treble damages available under antitrust law. A breakup of BAR/BRI into at least two competing companies could be "routinely obtained" as part of the judgment, he writes. (Law.com)
The Patent Reform Act of 2007: How It May Impact Patent Rights May 4, 2007
This proposal, if enacted, should further encourage businesses to obtain thorough non-infringement and invalidity opinions from counsel to avoid a finding of willful infringement and limit the potential for treble damages. Should the Patent Reform Act of 2007 become law, inventors and patent owners will need to adapt to the changes. (Law.com)
Acer hits back at HP suit Apr 29, 2007
HP is seeking jury trials and compensation from Acer, as well as treble damages for alleged intentional violation of the patents and payment of its legal fees. The lawsuits come as Acer continues to gain market share in the global PC business, and some analysts have called the lawsuits a response to the inroads Acer has made in the U.S. PC market. (InfoWorld)
Cleared of Fraud, PwC Wants $10 Million Verdict Set Aside Apr 25, 2007
The Kelletts and Bassett, on behalf of the Kellett trusts, had sought treble damages of $400 million, claiming that PwC and Mariner executives had engaged in fraud and racketeering that cost them more than $126 million in stock losses. The suit claimed that the actions by the defendants had artificially boosted Mariner's stock prices and executives' personal compensation while deceiving investors, the Kelletts foremost among them. (Law.com)
