Skip to Content

Category: Damages

May 24, 2016
Posted in  Damages

Treble-Damage Awards as Penalties

Plaintiffs who prove violations of N.C. Gen. Stat. § 75-1.1 are automatically entitled to treble damages under N.C. Gen. Stat. § 75-16. The automatic trebling of damages for 75-1.1 claims often leads to substantial verdicts and settlements. It raises several questions: Why are plaintiffs allowed to automatically recover treble damages? […]

Read More
February 9, 2016
Posted in  Damages

Do Treble Damages Mean Treble Rescission?

North Carolina law awards treble damages for violations of N.C. Gen. Stat. § 75-1.1 “if damages are assessed.” A recent Fourth Circuit decision asks this question: If a plaintiff seeks rescission, and if the defendant’s conduct violates section 75-1.1, may the court treble the value of the rescission? The court answered […]

Read More
February 24, 2015
Posted in  Damages

Do treble damages count toward minimum amounts in controversy?

Today’s post involves the relationship between N.C. Gen. Stat. § 75-1.1 and amounts in controversy—especially the new amount in controversy in the statute that governs assigning cases to the North Carolina Business Court. Do treble damages under section 75-1.1 count toward these required amounts? Probably so. However, to answer the […]

Read More