Remedies chronology, spring 2006. monique lillard.

Remedies chronology, Spring 2006. Monique Lillard.
Introduction
The role of remediesClassifying remediesSubstitutionary and specific remediesLegal and equitable remediesThe nature of remedies Compensatory Damages
The basic principle: restoring plaintiff to his rightful position
Value as the measure of the rightful position
United States v. Fifty Acres of LandValueTrinity Church v. John Hancock Mutual Life Insurance Co.
Value unique to the ownerDecatur County Ag-Services v. YoungProperty 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. BollesThe distinction between tort and contract Consequential damages
Buck v. MorrowGeneral 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 StoresPain and sufferingWrongful death Levka v. City of ChicagoDignitary tortsRemittiturThe right to recover for emotional distressCarey v. PiphusValuing constitutional rightsDefamation damages Etheridge v. Medical Center HospitalsSmith v. Department of InsuranceThe controversy over tort lawValuing pain and suffering and human life Injunctive Relief
Preventive injunctions
Humble Oil & Refining Co. v. HarangRipeness, 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 Reparative injunctions
Bell v. SouthwellForster v. BossLaycock: Injunctions and the Irreparable Injury RuleWinston Research Corp. v. Minnesota Mining & Manufacturing Co.
Reparative injunctions and the rightful position Chronology: Page 2
Bailey v. ProctorEquitable discretionProphylactic injunctions Structural injunctions
Hutto v. FinneyInstitutional reformLewis v. CaseyRecommitment to the rightful position?The Microsoft remedy Choosing Remedies
Substitutionary or specific relief
Pardee v. Camden Lumber Co.
Maitland: EquityEquity 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. WentzSpecific performance of contractsEfficient breach of contractSpecific performance when cover is possibleVan Wagner Advertising Corp. v. S & M EnterprisesIrreparable injury and undue hardship The economics of undue hardshipUndue hardship when plaintiff seeks money Reasons of substantive or procedural policy Willing v. MazzoconeMazzocone v. WillingInsolvent defendantsPrior restraintsThe right to jury trialAvoiding a “multiplicity of suits” Los Angeles Memorial Coliseum Commission v. National Football LeaguePreliminary reliefLakeshore Hills, Inc. v. AdcoxPreserving the status quo Chronology: Page 3
Coyne-Delany Co. v. Capital Development BoardInjunction bondsTemporary restraining orders Carroll v. President of Princess Anne Preliminary procedureIrreparable injury, again Contempt
International Union, United Mine Workers v. BagwellCoercive contemptAnyanwu v. AnyanwuPerpetual coercionGriffin v. County School BoardContempt of anticipated injunctionsContempt statutes Walker v. City of BirminghamThe duty to obey erroneous injunctions The requirement that injunctions be specificThe rule against incorporating other documentsDrafting your own injunction Restitution
Disgorging profits
Olwell v. Nye & Nissen Co.
Recovering more than plaintiff lostQuasi-contractMaier Brewing Co. v. Fleishmann Distilling Corp.
Snepp v. United StatesConstructive 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. GFICalculating profits 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 Punitive 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 The constitution
BMW, Inc. v. GoreThe constitutionality of punitive damagesState Farm v. Campbell Litigation Expenses
City of Riverside v. RiveraThe 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 LitigationThe 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. KosaskyReplevin and monetary recoveriesEjectment and forcible detainerConstitutional restrictions on summary actions for possession of property Chronology: Page 5

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