Torts: Remedies Posts
October 2021 Council Meeting Updates
At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.
Sequencing in Damages
Tort law consists of multiple doctrines governing the assignment of liability and the calculation of damages. But in what sequence should courts apply these doctrines? Does it matter, for example, whether a court applies comparative fault before or after mitigation of damages?
The Controversy over Trends in High Damage Awards: A Discussion on Causes and Consequences
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the third panel of the day.
Issues in Documenting and Calculating Damages: The Debate Over Medical Financing and “Phantom” Damages
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the fourth panel of the day.
Supreme Court Says a Claim for Nominal Damages Avoids Mootness — But When Does That Matter?
The Supreme Court’s minimum requirements for standing are that a plaintiff show an injury, traceable to defendant, that the court can redress. If at any point in a litigation, these three requirements are no longer satisfied, the case becomes moot.
Developments in Punitive Damages
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the second panel of the day.
An Update on the Ongoing Debate over Nationwide Injunctions, Especially with a Change in Presidential Administration
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the first panel.
Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions
The Law & Economics Center at George Mason University Scalia Law School is hosting a free online Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions from 10:00 a.m. to 2:55 p.m. ET on Friday, February 19.
Project Spotlight: Restatement of the Law Third, Torts: Remedies
In the fall of 2020, the first draft of Restatement of the Law Third, Torts: Remedies was produced and the first project meeting was held. The post contains an excerpt from Comments of § 1 of Preliminary Draft No. 1 (Oct. 2020), titled “Introduction: The Right to a Remedy.”
Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC
From Season Two of Reasonably Speaking, this episode discusses the Supreme Court’s decision, both the Securities Act of 1933 and the Securities Exchange Act of 1934, and whether the Court’s reference to “equitable relief” includes the remedy of “disgorgement.”