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Treble Damages Corporate Counsel

Jones Day

Eighth Circuit Holds Penalties in Non-Intervened FCA Case Violate Excessive Fines Clause

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The Situation: The False Claims Act ("FCA") imposes treble damages on defendants, as well as mandatory penalties per false claim. Because alleged false claims often involve much smaller amounts—for example, in cases with a...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

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

Husch Blackwell LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

CBD Industry Beware: The False Labeling Class Action Has Arrived

Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC, d/b/a Hemp Bombs (“Hemp Bombs”) (Ahumada v. Global Widget...more

FordHarrison

New Jersey Passes the Broadest Wage Theft Law in Country With Dire Consequences for Employers

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On the heels of the broadest Pay Equity law in the country, New Jersey has just passed the broadest wage theft law in the country, which is certain to lead to increased litigation. Unwary employers may not only be facing...more

Ballard Spahr LLP

Fourth Circuit Upholds $61 Million Judgment Against Dish Network for Third-Party TCPA Violations

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The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more

Parker Poe Adams & Bernstein LLP

N.C. Federal Court Allows Treble Damages Claim Based on Theft of Employee Personal Information

As the global focus on data protection increases, so expands the liability exposure for data holders following a breach. Employers collect significant amounts of sensitive personal information about their employees over the...more

Fisher Phillips

New Jersey Passes Equal Pay Legislation Aimed at Closing the Wage Gap for All Protected Classes

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On March 27, 2018, New Jersey became the latest state to pass comprehensive equal pay legislation, and one of the first states to pass an equal pay law that extends protections beyond gender to all classes of employees that...more

Bass, Berry & Sims PLC

FCA Deeper Dive: Developments Regarding Penalties and Damages

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

Ballard Spahr LLP

Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations

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A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more

Carlton Fields

Dish Network Liable for $61 Million After North Carolina District Court Trebles Damages in TCPA Class Action

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A North Carolina district court recently held that Dish Network (“Dish”) willfully violated the Telephone Consumer Protection Act (TCPA) when Satellite Systems Network (SSN) made more than 50,000 telemarketing and sales calls...more

Sheppard Mullin Richter & Hampton LLP

Illinois Federal Judge Awards Treble Damages and Attorneys’ Fees in Kurt Vonnegut-Fueled Opinion

On February 10, 2017, an Illinois federal judge determined that R-Boc Representatives violated an injunction issued following a jury trial on their alleged patent infringement. In a unique opinion replete with quotations...more

Perkins Coie

$18 Million Fine Levied for Campaign Finance Violation in Washington State

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On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

McDermott Will & Emery

Price Tag for Patent Invalidity Ruling in Inequitable Conduct Case is $26 Million - TransWeb, LLC v. 3M Innovative Properties Co.

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Affirming a ruling of invalidity and an antitrust damages award of trebled attorneys’ fees in a patent abuse case, the US Court of Appeals for the Federal Circuit highlighted the severe penalties that may befall patent owners...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court to Hear False Claims Act "Implied Certification" Appeal

The U.S. Supreme Court will hear oral argument on April 19, 2016, in United Health Services v. United States ex rel. Escobar, No. 15-7, a case likely to resolve the current split among federal appellate courts on the...more

PilieroMazza PLLC

U.S. Supreme Court’s Upcoming Ruling on False Claims Act Case May Have Major Impact on Government Contractors

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The U.S. Supreme Court is set to hear oral arguments next month in a False Claims Act (“FCA”) case that could significantly broaden the scope of the statute and resolve a split among the U.S. Circuit Courts. If the Supreme...more

Troutman Pepper

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

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On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Mintz - Health Care Viewpoints

A Cautionary Tale for Companies With Potential False Claims Act Exposure

A False Claims Act suit can be a company’s worst nightmare, as it may potentially result in large settlements and awards on account of the statute’s trebled damages provision. However, the nightmare for AmerisourceBergen was...more

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