Cliff Rieders, of Rieders, Travis, Humphrey, Waters, & Dorhmann. Courtesy photo Court Rules Treble Damages Under Pa.'s CPL Constitute Remedy Independent of Any Related Common Law Damages
The trial court's decision not to award treble damages due to the award of punitive damages and attorney fees was not an exercise of discretion. It was a refusal to exercise discretion, resulting from an erroneous misapplication of the law.
July 12, 2024 at 02:42 PM
10 minute read
The Pennsylvania Supreme Court's ruling in Dwyer v. Ameriprise Financial, 2024 Pa. LEXIS 608, 313 A.3d 969 (Pa. 2024), continues a recent trend of promoting the broad interpretation of Pennsylvania's Unfair trade Practices and Consumer Protection Law (CPL) in order to fulfill its remedial purpose. Rebuking the more restrictive viewpoints of the Superior and trial courts, the high court found that the availability of treble damages is wholly independent of any entitlement to punitive damages, and must be considered by the trial court without regard to a punitive damages award on related common-law claims.
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