WordNet
- three times the amount that a court would normally find the injured party entitled to
- suffer or be susceptible to damage; "These fine china cups damage easily"
- inflict damage upon; "The snow damaged the roof"; "She damaged the car when she hit the tree"
- the act of damaging something or someone (同)harm, hurt, scathe
- loss of military equipment (同)equipment casualty
- the occurrence of a change for the worse (同)harm, impairment
- sing treble
- three times as great or many; "a claim for treble (or triple) damages"; "a threefold increase" (同)threefold, three-fold, triple
- a sum of money paid in compensation for loss or injury (同)amends, indemnity, indemnification, restitution, redress
PrepTutorEJDIC
- 〈U〉『損害』,損傷,被害 / 《複数形で》損害賠障[金] / 《the~》《単数形で》《話》飛用 / …‘に'損傷する
- 3重の,3倍の(triple) / (声・歌手・楽器が)最高音部の / 3倍,3重[のもの] / 最高音部[の声,歌手,楽器] / …を3倍する / 3倍になる
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出典(authority):フリー百科事典『ウィキペディア(Wikipedia)』「2013/11/23 17:04:01」(JST)
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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. "Treble" simply means "triple" in British English. The phrase "treble damages" survived the change from "treble" to "triple" in American English. 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.[1] Some statutes mandate awards of treble damages for all violations. Examples of statutes with mandatory treble damages provisions are the Clayton Antitrust Act[2] and RICO.[3] Some statutes allow for an award of treble damages only if there is a showing that the violation was willful. For example, "up to three times the amount found or assessed" may be awarded by a court in the United States for willful patent infringement.[4] The idea behind the creation of such damages is that they will encourage citizens to sue for violations that are harmful to society in general.[5]
The United States Supreme Court determined in Commissioner v. Glenshaw Glass Co. that, like compensatory damages, which are not exempt from federal income tax (unless the award is from a personal injury claim), 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.
See also[edit]
References[edit]
- ^ See, for example, Lowry v. Tile, Mantel & Grate Asso., 106 F. 38, 46 (U.S. Court of Appeals): It is for the court, in executing the provisions of the statute in entering judgment upon the verdict (if you shall find for the plaintiffs), to treble the amount of the damages; that is to say, any verdict rendered by you, and upon which a judgment will be entered by the court, will be multiplied by three, and a judgment entered for such treble damages.
- ^ 15 U.S.C. § 15.
- ^ 18 U.S.C. § 1964.
- ^ 35 U.S.C. § 284.
- ^ See, for example, Agency Holding Corp. v. Malley-Duff & Associates, Inc., 483 U.S. 143, 151 (1987) (U.S. Supreme Court): Both RICO and the Clayton Act are designed to remedy economic injury by providing for the recovery of treble damages, costs, and attorney's fees. Both statutes bring to bear the pressure of "private attorneys general" on a serious national problem for which public prosecutorial resources are deemed inadequate; the mechanism chosen to reach the objective in both the Clayton Act and RICO is the carrot of treble damages. Moreover, both statutes aim to compensate the same type of injury; each requires that a plaintiff show injury "in his business or property by reason of" a violation.
UpToDate Contents
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English Journal
- Implementing US-style anti-fraud laws in the Australian pharmaceutical and health care industries.
- Faunce TA1, Urbas G, Skillen L.
- The Medical journal of Australia.Med J Aust.2011 May 2;194(9):474-8.
- This article critically analyses the prospects for introducing United States anti-fraud (or anti-false claims) laws in the Australian health care setting. Australian governments spend billions of dollars each year on medicines and health care. A recent report estimates that the money lost to corpora
- PMID 21534908
- The false claims act and its impact on medical practices.
- Vogel RL1.
- The Journal of medical practice management : MPM.J Med Pract Manage.2010 Jul-Aug;26(1):21-4.
- A lawsuit under the federal False Claims Act can threaten the survival of a medical practice. The Act prohibits a range of misconduct involving the submission of false claims to the government, as well as the knowing and improper retention of overpayments of government funds. Violations of the Act r
- PMID 20839506
- The use of Food and Drug Administration 510(k) notifications in patent litigation.
- Tolomeo DE1.
- Food and drug law journal.Food Drug Law J.2004;59(4):465-77.
- The U.S. Food and Drug Administration (FDA) 510(k) approval process provides medical device companies with the ability to market a device after the company establishes that the device to the marketed is "substantially equivalent" to one or more predicate devices. Companies that submit 510(k) notific
- PMID 15875346
Japanese Journal
- アメリカにおける組織犯罪と民事責任 : Civil RICO法の理念と現実(前野育三教授退任記念論集)
- わが国の対抗立法(損害回復法)の背景となる米訴訟--1916年アンチ・ダンピング法による訴訟及び日本における訴訟提起差止訴訟 (国際経済・取引紛争と対抗立法)
Related Links
- Treble Damages A recovery of three times the amount of actual financial losses suffered which is provided by statute for certain kinds of cases. The statute authorizing treble damages directs the judge to multiply by three ...
- 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. "Treble" simply means "triple" in British English. The ...
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