In the case the Court chose to examine the issue, ordinary damages would not have brought justice for Cleopatra Haslip of Roosevelt, Ala.

But a spokeswoman for the city's corporation counsel said the state's highest court had found that only a government entity, not a private one, has standing to sue for "ordinary damages" resulting from illegal strikes by public employees.

"The standard for assessing "willful infringement" - which triggers a tripling of ordinary damages - must ensure "willful" damages are only assessed where there is truly egregious conduct and all parties' right to counsel is protected."