News & Analysis as of

Treble Damages

Harris Beach PLLC

False Claims Act Enforcement Highlights Need for Robust Compliance Programs

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The U.S. Department of Justice (“DOJ”) announced its False Claims Act (“FCA”) enforcement statistics for FY 2023 and identified key priorities for FCA enforcement in 2024 and beyond. The DOJ continues to pursue FCA...more

ArentFox Schiff

A Percent-of-Profit Incentive Payment is Not “Wages” Under the Massachusetts Wage Act

ArentFox Schiff on

The Massachusetts Wage Act (MA Wage Act) is one of the most punitive wage payment laws in the country. Employers who violate the MA Wage Act are liable for treble damages, attorney’s fees, and costs. The question of what...more

Mintz - Employment, Labor & Benefits...

Profit-Sharing Arrangement Tied To Employer’s Overall Profits Not Subject to Massachusetts Wage Act

Employers with Massachusetts-based employees know that the Massachusetts Wage Act (the “Wage Act”), with its strict liability and automatic treble damages and attorneys’ fees, is a powerful and exacting statute with which...more

Bass, Berry & Sims PLC

District Court Finds that $487 Million False Claims Act Judgment Violates Eighth Amendment

Bass, Berry & Sims PLC on

On February 8, the U.S. District Court for the District of Minnesota ruled that a $487 million False Claims Act (FCA) damages award entered last year against Precision Lens and its co-founder violated the Eighth Amendment’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Says Maine Equal Pay Law Does Not Require Discriminatory Intent

On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer...more

ArentFox Schiff

Avoiding Application of the Massachusetts Wage Act to Out-of-State Employees

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The Massachusetts Wage Act is one of the most punitive wage payment laws in the country. Employers who run afoul of its provisions, even unintentionally, are liable for treble damages, attorneys’ fees, and costs. ...more

Manatt, Phelps & Phillips, LLP

Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes. True Health Chiropractic sued McKesson Corp. for violating the...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Clarifies Standards for Certifying a Class and Determining Treble Damages Under TCPA

Last week, the Ninth Circuit in True Health Chiropractic, Inc. v. McKesson Corp. (True Health II), No. 22-15710 (9th Cir. Oct. 25, 2023), affirmed the Northern District of California’s earlier ruling in True Health...more

Faegre Drinker Biddle & Reath LLP

Washington Federal Court Finds Sufficient Allegations of Prerecorded Calls But Dismisses Claims for Treble Damages and Injunctive...

Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Extends Defamation Privilege Defenses to Assault, Sexual Harassment, and Workplace Discrimination Complainants

On October 10, 2023, Governor Gavin Newsom signed into law Assembly Bill (AB) No. 933. The new law provides further protection to individuals who are victims of sexual offenses and are sued under state defamation law....more

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

Vondran Legal on

What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

Shearman & Sterling LLP

Yegiazaryan v. Smagin: RICO Becomes a Tool for Foreign Plaintiffs to Collect on Arbitration Awards in the U.S.

The Supreme Court’s recent decision in Yegiazaryan v. Smagin opens the door for foreign plaintiffs to use the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as an additional tool for collecting on international...more

Jenner & Block

Client Alert: US Supreme Court Permits Foreign Plaintiff To Bring RICO Suit for US Acts To Frustrate Enforcement of an...

Jenner & Block on

The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), which provides treble damages and attorneys’ fees, to assist enforcement of an...more

Quarles & Brady LLP

The Hapless Case of the Hookless Defendants: A Cautionary Tale on Treble Damages and Costly Attorneys’ Fees

Quarles & Brady LLP on

Launching a product, even a simple one, can be lucrative, but also presents risks, not the least of which is patent infringement. Before selling a product, it is wise to invest in patent clearance advice, which includes an...more

Manatt, Phelps & Phillips, LLP

One Call, One Damage Award, Holds Texas Federal Court

After a jury awarded a Telephone Consumer Protection Act (TCPA) plaintiff $8,500 in damages at trial, the judge declined to treble the award—and instead cut it to $6,500....more

Latham & Watkins LLP

5 Key Numbers: US Antitrust Insights for Manufacturers About Right-to-Repair Enforcement

Latham & Watkins LLP on

Private plaintiffs and government enforcers are aggressively attempting to revive antitrust theories challenging manufacturers’ policies that impact consumers’ “right to repair.” Manufacturers’ policies that impact how...more

Husch Blackwell LLP

Trial Lost, $400+ Million Liability Looming: Quick Takeaways From a Recent False Claims Act Jury Trial

Husch Blackwell LLP on

On February 27, 2023, a jury in Minnesota federal court rendered a verdict in favor of the United States and against a surgical product distributor following a False Claims Act jury trial that lasted six weeks. The jury...more

Constangy, Brooks, Smith & Prophete, LLP

Stupid plaintiff tricks: Faking emails to win

People, it doesn't work. There was a court decision last week from my home state of North Carolina that left me shaking my head. A social worker sued her ex-employer, a non-profit, claiming (among other things) that she...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Breaking: Eye Products Supplier Facing $841 Million Judgment After Jury Returns Verdict In Decade-Long FCA Litigation

After a rare False Claims Act (FCA) trial, a St. Paul federal jury has returned a verdict for the government in United States, ex rel. Kipp Fesenmaier v. Cameron-Ehlen Group, Inc., No. 0:13-cv-03003 (D. Minn.). The jury...more

Fox Rothschild LLP

Justice Department Settles First Whistleblower Case Alleging PPP Fraud in Which It Intervened

Fox Rothschild LLP on

The Justice Department has announced a civil settlement of the first Paycheck Protection Program (PPP) fraud whistleblower case in which the government intervened. This milestone should remind PPP borrowers they should...more

Blank Rome LLP

Partial Settlement and Allocation of Damages Liability under the False Claims Act (“FCA”)

Blank Rome LLP on

On August 30, 2022, the D.C. Circuit Court of Appeals brought renewed attention to the conundrum of False Claims Act (“FCA”) damages by applying a pro tanto allocation rule to a partially settled case. In United States v....more

Morgan Lewis

DC Circuit: Pro Tanto Rule in False Claims Act Cases Reduces Risk of Windfall Damages Recoveries

Morgan Lewis on

The US Court of Appeals for the DC Circuit issued an important opinion on August 30, 2022, that reinforces the seemingly obvious principle that the government is not entitled to windfall damages recoveries in False Claims Act...more

Holland & Knight LLP

False Claims Act Damages: D.C. Circuit Says Government Cannot Keep Going Back to the Well

Holland & Knight LLP on

False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with...more

Payne & Fears

Business Partners Beware: Siry Decision Likely Gives Commercial Disputes More Bite

Payne & Fears on

The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of...more

Sunstein LLP

To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable

Sunstein LLP on

A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an...more

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