A party should not be permitted to recover treble damages under a state Racketeer Influenced and Corrupt Organizations Act cause of action in addition to recovering punitive damages under a common-law cause of action when the same facts or conduct support both causes of action.
Until the Appellate Division’s recent decision in St. James v. Future Finance, 342 N.J. Super. 310 (App. Div.), certif. denied, 170 N.J. 388 (2001), this issue had never been squarely addressed by a New Jersey court. In reversing the lower court, the Appellate Division offset the punitive award to reflect the trebled damages holding that where a party suffers a single, monetary injury, “the trebling effect plus the punitive award clearly presents the likelihood of some duplication of exemplary or punitive consequences.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
