Remedies, Spring 2006 Chronology: Page 1 Lillard

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1 Remedies chronology, Spring Monique Lillard. Introduction The role of remedies Classifying remedies Substitutionary and specific remedies Legal and equitable remedies The nature of remedies Compensatory Damages The basic principle: restoring plaintiff to his rightful position United States v. Hatahley Value as the measure of the rightful position United States v. Fifty Acres of Land Value Trinity Church v. John Hancock Mutual Life Insurance Co. Value unique to the owner Decatur County Ag-Services v. Young Property that fluctuates in value The value of time Choosing 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 remedies Expectancy and reliance Compensating expectancies Chatlos Systems, Inc. v. National Cash Register Corp. Excessive expectancies Smith v. Bolles The distinction between tort and contract Consequential damages Buck v. Morrow General and special damages The vocabulary of damages Meinrath v. Singer Co. Consequential damages from failure to pay money Texaco, 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 consequences Offsetting Benefits Helfend v. Southern California Rapid Transit District Remedies, Spring 2006 Chronology: Page 1 Lillard

2 The collateral source rule The scope of liability Pruitt v. Allied Chemical Corp. The economic harm rule Evra Corp. v. Swiss Bank Corp. The certainty requirement Bigelow v. RKO Radio Pictures Damages where value cannot be measured in dollars Personal injuries and death Debus v. Grand Union Stores Pain and suffering Wrongful death Dignitary and constitutional hars Levka v. City of Chicago Dignitary torts Remittitur The right to recover for emotional distress Carey v. Piphus Valuing constitutional rights Defamation damages The impact of tort reform Etheridge v. Medical Center Hospitals Smith v. Department of Insurance The controversy over tort law Valuing pain and suffering and human life Injunctive Relief Preventive injunctions Humble Oil & Refining Co. v. Harang Ripeness, propensity, and the scope of preventive injunctions Marshall v. Goodyear Tire & Rubber Co. The scope of preventive injunctions Individual and class injunctions United States v. W.T. Grant Co. Mootness and propensity Nicholson v. Connecticut Half-Way House, Inc. Ripeness, uncertain consequences, and prophylactic injunctions Constitutional and remedial ripeness Coercive relief at law Reparative injunctions Bell v. Southwell Forster v. Boss Laycock: Injunctions and the Irreparable Injury Rule Winston Research Corp. v. Minnesota Mining & Manufacturing Co. Reparative injunctions and the rightful position Remedies, Spring 2006 Chronology: Page 2 Lillard

3 Bailey v. Proctor Equitable discretion Prophylactic injunctions Structural injunctions Hutto v. Finney Institutional reform Lewis v. Casey Recommitment to the rightful position? The Microsoft remedy Choosing Remedies Substitutionary or specific relief Irreplaceable losses Pardee v. Camden Lumber Co. Maitland: Equity Equity in the United States The reasons for the irreparable injury rule Brook v. James A. Cullimore & Co. Replevin and injunctions Continental Airlines, Inc. v. Intra Brokers, Inc. The content of the irreparable injury rule Laycock: The Death of the Irreparable Injury Rule Campbell Soup Co. v. Wentz Specific performance of contracts Efficient breach of contract Specific performance when cover is possible Van Wagner Advertising Corp. v. S & M Enterprises Irreparable injury and undue hardship Burdens on defendant or the court Ariola v. Nigro Undue hardship The economics of undue hardship Undue hardship when plaintiff seeks money Reasons of substantive or procedural policy Willing v. Mazzocone Mazzocone v. Willing Insolvent defendants Prior restraints The right to jury trial Avoiding a multiplicity of suits Preliminary or permanent relief Los Angeles Memorial Coliseum Commission v. National Football League Preliminary relief Lakeshore Hills, Inc. v. Adcox Preserving the status quo Remedies, Spring 2006 Chronology: Page 3 Lillard

4 Coyne-Delany Co. v. Capital Development Board Injunction bonds Temporary restraining orders Carroll v. President of Princess Anne Preliminary procedure Irreparable injury, again Contempt Three kinds of contempt International Union, United Mine Workers v. Bagwell Coercive contempt Anyanwu v. Anyanwu Perpetual coercion Griffin v. County School Board Contempt of anticipated injunctions Contempt statutes The collateral bar rule Walker v. City of Birmingham The duty to obey erroneous injunctions Drafting decrees The requirement that injunctions be specific The rule against incorporating other documents Drafting your own injunction Restitution Disgorging profits The basic principle Olwell v. Nye & Nissen Co. Recovering more than plaintiff lost Quasi-contract Maier Brewing Co. v. Fleishmann Distilling Corp. Snepp v. United States Constructive trusts and accounting for profits Irreparable injury Restitution of money not spend on safety Disgorging the profits from breach of contract Measuring the profits Sheldon v. Metro-Goldwyn Pictures Corp. Apportioning profits Hamil America, Inc. v. GFI Calculating profits Restitution and contract Mutual Benefit Life Insurance Co. v. JMR Electronics Corp. Rescission Farash v. Sykes Datatronics, Inc. Remedies, Spring 2006 Chronology: Page 4 Lillard

5 The benefit requirement Election of remedies Punitive Remedies Common law and statutes Grimshaw v. Ford Motor Co. The standard for awarding punitive damages Measuring punitive damages Other punitive remedies Statutory recoveries by private litigants Civil penalties payable to the government The constitution BMW, Inc. v. Gore The constitutionality of punitive damages State Farm v. Campbell Litigation Expenses City of Riverside v. Rivera The American rule Exceptions to the American rule One-way fee shifting The amount of the judgment as a constraint on attorney's fees The prevailing party requirement Calculating the lodestar In re Synthroid Marketing Litigation The common fund rule Contingency enhancements Competing approaches to calculating fee awards Costs Evans v. Jeff D. Ethical problems in fee awards Luban: Taking Out the Adversary: The Assault on Progressive Public-Interest Lawyers Replevin, Ejectment, and the Like Welch v. Kosasky Replevin and monetary recoveries Ejectment and forcible detainer Constitutional restrictions on summary actions for possession of property Remedies, Spring 2006 Chronology: Page 5 Lillard