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Remedies chronology, spring 2006. monique lillard.
Remedies chronology, Spring 2006. Monique Lillard.
The role of remediesClassifying remediesSubstitutionary and specific remediesLegal and equitable remediesThe nature of remedies
The basic principle: restoring plaintiff to his rightful position
Value as the measure of the rightful position
United States v. Fifty Acres of Land
ValueTrinity Church v. John Hancock Mutual Life Insurance Co.
Value unique to the ownerDecatur County Ag-Services v. Young
Property that fluctuates in valueThe value of timeChoosing between competing measures of damages
Reliance and expectancy as measures of the rightful position
Neri v. Retail Marine Corp.
UCC § 2-708(2) and attempts to codify remediesExpectancy and relianceCompensating expectanciesChatlos Systems, Inc. v. National Cash Register Corp.
Excessive expectanciesSmith v. Bolles
The distinction between tort and contract
Buck v. Morrow
General and special damagesThe vocabulary of damagesMeinrath v. Singer Co.
Consequential damages from failure to pay moneyTexaco, Inc. v. Pennzoil Co.
An Eleven-Figure Verdict
Limits on the basic principle
Avoidable consequences, offsetting benefits, and collateral sources
S.J. Groves & Sons Co. v. Warner Co.
Avoidable consequencesOffsetting BenefitsHelfend v. Southern California Rapid Transit District
Chronology: Page 1
Pruitt v. Allied Chemical Corp.
The economic harm ruleEvra Corp. v. Swiss Bank Corp.
Damages where value cannot be measured in dollars
Debus v. Grand Union Stores
Pain and sufferingWrongful death
Levka v. City of Chicago
Dignitary tortsRemittiturThe right to recover for emotional distressCarey v. Piphus
Valuing constitutional rightsDefamation damages
Etheridge v. Medical Center HospitalsSmith v. Department of Insurance
The controversy over tort lawValuing pain and suffering and human life
Humble Oil & Refining Co. v. Harang
Ripeness, propensity, and the scope of preventive injunctionsMarshall v. Goodyear Tire & Rubber Co.
The scope of preventive injunctionsIndividual and class injunctionsUnited States v. W.T. Grant Co.
Mootness and propensityNicholson v. Connecticut Half-Way House, Inc.
Ripeness, uncertain consequences, and prophylactic injunctionsConstitutional and remedial ripenessCoercive relief at law
Bell v. SouthwellForster v. Boss
Laycock: Injunctions and the Irreparable Injury RuleWinston Research Corp. v. Minnesota Mining & Manufacturing Co.
Reparative injunctions and the rightful position
Chronology: Page 2
Bailey v. Proctor
Equitable discretionProphylactic injunctions
Hutto v. Finney
Institutional reformLewis v. Casey
Recommitment to the rightful position?The Microsoft
Substitutionary or specific relief
Pardee v. Camden Lumber Co.
Equity in the United StatesThe reasons for the irreparable injury ruleBrook v. James A. Cullimore & Co.
Replevin and injunctionsContinental Airlines, Inc. v. Intra Brokers, Inc.
The content of the irreparable injury ruleLaycock: The Death of the Irreparable Injury RuleCampbell Soup Co. v. Wentz
Specific performance of contractsEfficient breach of contractSpecific performance when cover is possibleVan Wagner Advertising Corp. v. S & M Enterprises
Irreparable injury and undue hardship
The economics of undue hardshipUndue hardship when plaintiff seeks money
Reasons of substantive or procedural policy
Willing v. MazzoconeMazzocone v. Willing
Insolvent defendantsPrior restraintsThe right to jury trialAvoiding a “multiplicity of suits”
Los Angeles Memorial Coliseum Commission v. National Football League
Preliminary reliefLakeshore Hills, Inc. v. Adcox
Preserving the status quo
Chronology: Page 3
Coyne-Delany Co. v. Capital Development Board
Injunction bondsTemporary restraining orders
Carroll v. President of Princess Anne
Preliminary procedureIrreparable injury, again
International Union, United Mine Workers v. Bagwell
Coercive contemptAnyanwu v. Anyanwu
Perpetual coercionGriffin v. County School Board
Contempt of anticipated injunctionsContempt statutes
Walker v. City of Birmingham
The duty to obey erroneous injunctions
The requirement that injunctions be specificThe rule against incorporating other documentsDrafting your own injunction
Olwell v. Nye & Nissen Co.
Recovering more than plaintiff lostQuasi-contractMaier Brewing Co. v. Fleishmann Distilling Corp.
Snepp v. United States
Constructive trusts and accounting for profitsIrreparable injuryRestitution of money not spend on safetyDisgorging the profits from breach of contract
Sheldon v. Metro-Goldwyn Pictures Corp.
Apportioning profitsHamil America, Inc. v. GFI
Restitution and contract
Mutual Benefit Life Insurance Co. v. JMR Electronics Corp.
RescissionFarash v. Sykes Datatronics, Inc.
Chronology: Page 4
The benefit requirementElection of remedies
Common law and statutes
Grimshaw v. Ford Motor Co.
The standard for awarding punitive damagesMeasuring punitive damages
Other punitive remedies
Statutory recoveries by private litigantsCivil penalties payable to the government
BMW, Inc. v. Gore
The constitutionality of punitive damagesState Farm v. Campbell
City of Riverside v. Rivera
The American ruleExceptions to the American ruleOne-way fee shiftingThe amount of the judgment as a constraint on attorney's feesThe prevailing party requirementCalculating the lodestarIn re Synthroid Marketing Litigation
The common fund ruleContingency enhancementsCompeting approaches to calculating fee awardsCostsEvans v. Jeff D.
Ethical problems in fee awardsLuban: Taking Out the Adversary: The Assault on Progressive Public-Interest Lawyers
Replevin, Ejectment, and the Like
Welch v. Kosasky
Replevin and monetary recoveriesEjectment and forcible detainerConstitutional restrictions on summary actions for possession of property
Chronology: Page 5
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