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At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages.
Negligence is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.
The Sherman Antitrust Act of 1890 is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce. It was passed by Congress and is named for Senator John Sherman, its principal author.
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award.
The Clayton Antitrust Act of 1914, is a part of United States antitrust law with the goal of adding further substance to the U.S. antitrust law regime; the Clayton Act seeks to prevent anticompetitive practices in their incipiency. That regime started with the Sherman Antitrust Act of 1890, the first Federal law outlawing practices that were harmful to consumers. The Clayton Act specified particular prohibited conduct, the three-level enforcement scheme, the exemptions, and the remedial measures.
The Federal Trade Commission Act of 1914 is a United States federal law which established the Federal Trade Commission. The Act was signed into law by US President Woodrow Wilson in 1914 and outlaws unfair methods of competition and unfair acts or practices that affect commerce.
Doe v. Chao, 540 U.S. 614 (2004), is a decision by the United States Supreme Court that interpreted the statutory damages provision of the Privacy Act of 1974.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Insurance bad faith is a tort unique to the law of the United States that an insurance company commits by violating the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract.
Capitol Records, Inc. v. Thomas-Rasset was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. The defendant, Jammie Thomas-Rasset, was found liable to the plaintiff record company for making 24 songs available to the public for free on the Kazaa file sharing service and ordered to pay $220,000.
In the North American legal system and in US Occupational Safety and Health Administration regulations, willful violation or willful non-compliance is a violation of workplace rules and policies that occurs either deliberately or as a result of neglect.
United States v. Johnson, 319 U.S. 302 (1943), was a United States Supreme Court case.
Anza v. Ideal Steel Supply Corporation, 547 U.S. 451 (2006), was a United States Supreme Court case in which the Court, relying on Holmes v. Securities Investor Protection Corporation, held that to establish standing under the civil Racketeer Influenced and Corrupt Organizations Act (RICO) provision that creates a civil cause of action for any person or entity injured in their business or property by reason of a RICO violation, a plaintiff must demonstrate that he or she was the direct victim of the defendant's RICO violation. The Court explained that this construction will save district courts from the difficulty of determining an indirect victim's damages caused by attenuated conduct.
In the case of Sony BMG Music Entertainment et al. v. Tenenbaum, record label Sony BMG, along with Warner Bros. Records, Atlantic Records, Arista Records, and UMG Recordings, accused Joel Tenenbaum of illegally downloading and sharing files in violation of U.S. copyright law. It was only the second file-sharing case to go to verdict in the Recording Industry Association of America's (RIAA) anti-downloading litigation campaign. After the judge entered a finding of liability, a jury assessed damages of $675,000, which the judge reduced to $67,500 on constitutional grounds, rather than through remittitur.
Bigelow v. RKO Radio Pictures, Inc., 327 U.S. 251 (1946), was a decision by the United States Supreme Court allowing an action to recover compensatory damages under the antitrust statutes. The jury had returned a verdict for $120,000 in petitioner's favor, covering a five-year period where plaintiff suffered due to respondents' antitrust conspiracy. The trial court, sitting in the Northern District of Illinois, gave judgment for treble damages, as prescribed by § 4 of the Clayton Act. The 7th Circuit reversed on the sole ground that the evidence of damage was not sufficient for submission to the jury, and directed the entry of judgment for respondents non obstante veredicto. The Supreme Court granted certiorari to determine whether the evidence of damage was sufficient to support the verdict. Respondents argued that any measure of damages would be too speculative and uncertain to afford an accurate measure of the amount of the damage. The Supreme Court disagreed, not wanting to let the respondent defeat a remedy because its antitrust violation was so effective and complete. The Court held that the jury could return a verdict for the plaintiffs, even though damages could not be measured with the exactness which would otherwise have been possible, so long as the jury made a "just and reasonable estimate of the damage based on relevant data". The judgment of the district court was affirmed and the judgment of the court of appeals was reversed.
Sony BMG Music Entertainment v. Tenenbaum is the appeals lawsuit which followed the U.S. District Court case Sony BMG v. Tenenbaum, No. 07cv11446-NG.
Pfizer Inc. v. Government of India, 434 U.S. 308 (1978), decision of the Supreme Court of the United States in which the Court held that foreign states are entitled to sue for treble damages in U.S. courts, and should be recognized as "persons" under the Clayton Act.
In addition to federal laws, each state has its own unfair competition law to prohibit false and misleading advertising. In California, one such statute is the Unfair Competition Law ("UCL"), Business and Professions Code §§ 17200 et seq. The UCL "borrows heavily from section 5 of the Federal Trade Commission Act" but has developed its own body of case law.
Zenith Radio Corp. v. Hazeltine Research, Inc. is the caption of several United States Supreme Court patent–related decisions, the most significant of which is a 1969 patent–antitrust and patent–misuse decision concerning the levying of patent royalties on unpatented products.
Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp., 382 U.S. 172 (1965), was a 1965 decision of the United States Supreme Court that held, for the first time, that enforcement of a fraudulently procured patent violated the antitrust laws and provided a basis for a claim of treble damages if it caused a substantial anticompetitive effect.
References
- ↑ 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.
- ↑ J. Gregory Sidak, Rethinking Antitrust Damages, 33 STAN. L. REV. 329, 330 (1981), https://www.criterioneconomics.com/docs/rethinking_antitrust_damages1.pdf.
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