Treble damages

This is a discussion on Treble damages within the Law Wiki forum, part of the Create Wiki Article category; What does treble damages mean? A law that permits a court to triple the amount of damages awarded in cases ...

Consult Your Own Personal Lawyer Now!


Article Tools Search this Article Rate Article Display Modes

Default Treble damages

What does treble damages mean?

A law that permits a court to triple the amount of damages awarded in cases where the defendant willfully acted in a prohibited way. Usually a court will require substantial evidence proving that the defendant's actions were willful in nature or done in bad faith before treble damages are awarded.

Investopedia explains treble damages

In the corporate world treble damages often arise in regard to patent infringement, willful counterfeiting and antitrust lawsuits. Damages are calculated against the financial loss incurred by the plaintiff directly resulting from the actions of the defendant.

Treble damages in the United States

Treble damages, in law, is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff, generally in order to punish the losing party for willful conduct. Treble damages are a multiple of, and not an addition to, actual damages. Thus, where a person received an award of $100 for an injury, a court applying treble damages would raise the award to $300. The ability to award treble damages is a typical feature in legislation that recognizes the potentially willful nature of the prohibited acts. For example, such damages may be awarded by a court in the United States for willful violation of the antitrust laws, for willful patent infringement, for trademark counterfeiting, and under the RICO statute. The idea behind the creation of such damages, also called exemplary damages, is that they will encourage citizens to sue for violations that are harmful to society in general.

Collecting treble damages

The United States Supreme Court determined in Commissioner v. Glenshaw Glass Co. that, unlike merely compensatory damages, which are exempt from federal income tax, such taxes must be paid on the excess amount (the amount that exceeds the actual damages) of treble damages. Furthermore, some foreign governments will assist U.S. citizens in collecting damages, but not treble damage awards, which are considered penal.

Contributors: forum_admin, sandra
Created by sandra, May 18th, 2010 at 10:32 AM
Last edited by forum_admin, Feb 8th, 2016 at 03:32 PM
0 Comments , 5017 Views

Bookmark & Share

Article Tools Search this Article
Search this Article:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
How can damages be damages kidvillain Miscellaneous Topics 2 Jul 27th, 2013 05:10 PM
Indiana Treble Damage Law anthony54 Salary & Workers Compensation 2 Aug 9th, 2011 10:54 AM
Mitigation of Damages? jmfeathe Civil Litigation 0 Sep 29th, 2009 12:20 PM
Could I get damages in court? cgeorge Landlord vs Tenant Issues 5 Apr 16th, 2009 08:16 PM
Can I demand treble damages for the amount of the entire transaction? vegasslooth Consumer Complaints 1 Aug 8th, 2008 01:11 PM

International Law Issues?

All times are GMT -5. The time now is 07:40 PM.