Modern American Remedies, 2007 Case Supplement

Overview

The 2007 Supplement to Modern American Remedies is current through June 30, 2007. It summarizes interesting or important developments in the cases and in the academic literature, and it includes all remedies decisions of the United States Supreme Court.

New principal cases discussed:

  • Philip Morris v. Williams on the newest constitutional restrictions on punitive damages
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Overview

The 2007 Supplement to Modern American Remedies is current through June 30, 2007. It summarizes interesting or important developments in the cases and in the academic literature, and it includes all remedies decisions of the United States Supreme Court.

New principal cases discussed:

  • Philip Morris v. Williams on the newest constitutional restrictions on punitive damages
  • eBay v. MercExchange on the standard for issuing permanent injunctions
  • Substantial excerpts from State Farm v. Campbell, also on constitutional restrictions on punitive damages

Substantial notes on other new cases, including

  • Dura Pharmaceuticals v. Broudo, on damages for fraud
  • Ayotte v. Planned Parenthood, on scope of injunctions against statutes that are unconstitutional in some applications
  • Frew v. Hawkins, on enforcement of consent decrees
  • O Centro Espirita Beneficente Uniao Do Vegetal v. Ashcroft, on the status quo rule in preliminary injunctions
  • Medimmune v. Genentech, on declaratory judgments in patent licensing disputes
  • Engle v. Liggett Group and In re the Exxon Valdez, on class actions for punitive damage
  • The latest contempt hearing in Evans v. Jeff D
  • Ledbetter v. Goodyear Tire & Rubber, on continuing violations and pay discrimination
  • Wilkie v. Robbins, on new and more restrictive limits to Bivens claim

Substantial notes on remedies for 9/11 victims

The new remedies sections of the Restatement (Third) of Restitution and Unjust Enrichment

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Product Details

  • ISBN-13: 9780735569614
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 8/28/2007
  • Series: Case Supplement Series
  • Edition description: Supplement
  • Edition number: 3
  • Pages: 183
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.60 (d)

Table of Contents

Preface     xi
Paying for Harm: Compensatory Damages     1
The Basic Principle: Restoring Plaintiff to His Rightful Position     1
Value as the Measure of the Rightful Position     1
Reliance and Expectancy as Measures of the Rightful Position     4
Notes on the Measure of Damages in Fraud Cases     4
Consequential Damages     5
Limits on the Basic Principle     6
The Parties' Power to Specify the Remedy     6
Avoidable Consequences, Offsetting Benefits, and Collateral Sources     7
The Scope of Liability     8
Substantive Policy Goals     10
Damages Where Value Cannot Be Measured in Dollars     11
Personal Injuries and Death     11
Notes on Remedies for September 11 Victims     13
Dignitary and Constitutional Harms     25
Taxes, Time, and the Value of Money     26
More Notes on Remedies for September 11 Victims     27
Preventing Harm: The Measure of Injunctive Relief     30
Prevntive Injunctions     30
Reparative Injunctions     33
Structural Injunctions     35
The Scope of the Injunction When Issued     35
Other Examples     35
Modifying Injunctions     36
Choosing Remedies     38
Substitutionary or Specific Relief     38
Irreplaceable Losses     38
Burdens on Defendant or the Court     43
eBay Inc. v. MercExchange, LLC     46
Notes on Confusion in the Supreme Court     52
Reasons of Substantive or Procedural Policy     54
Preliminary or Permanent Relief     55
Prospective or Retrospective Relief     62
Suits Against Officers in Their Official Capacities     62
Suits Against Officers in Their Personal Capacities     71
Preventing Harm without Coercion: Declaratory Remedies     78
Declaratory Judgments     78
Notes on Federal Litigation After State-Court Judgments     81
Quiet Title and the Like     83
Declaratory Relief at Law     83
Nominal Damages     83
Benefit to Defendant as the Measure of Relief: Restitution     84
Disgorging Profits     84
The Basic Principle     84
Restitution and Contract     85
The Basics     85
New Frontiers, or Dead Ends?     86
Tracing Defendant's Benefit: Restitution and Insolvency      87
Replevin, Ejectment, and the Like     91
Punitive Remedies     93
Punitive Damages     93
Common Law and Statutes     93
The Constitution     102
Notes on BMW v. Gore and Its Aftermath     103
Notes on State Farm v. Campbell and Its Aftermath     106
Philip Morris Co. v. Williams     114
Notes on Constitutional Limits on Punitive Damages     125
Punitive Damages in Contract     127
Other Punitive Remedies     128
Statutory Recoveries by Private Litigants     128
Civil Penalties Payable to the Government     129
Ancillary Remedies     130
Enforcing the Judgment     130
Enforcing Coercive Orders: The Contempt Power     130
The Three Kinds of Contempt     130
Collecting Money Judgments     135
Execution, Garnishment, and the Like     135
Litigation Expenses     141
Remedial Defenses     158
Unconscionability and the Equitable Contract Defenses     158
Laches and Limitations     160
Statutes of Limitations     160
Remedies and Separation of Powers     171
Implied Rights of Action      171
Governmental Immunities     176
Suits Against the Government     176
Suits Against Officers - Absolute Immunity     181
The Right to Jury Trial     182
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