Civil Remedies

This is FindLaw’s collection of Civil Remedies articles, part of the Litigation and Disputes section of the Corporate Counsel Center. A civil remedy refers to the remedy that a party has to pay to the victim of a wrong he commits. A civil remedy is generally separate form a criminal remedy, although in certain situations the civil and criminal remedy may be related. Civil remedies require the cooperation of the victim and are voluntary. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Civil Litigation

Civil Remedies Articles

Appeals Court Restricts Employers’ Defense Strategies In Sexual Harassment Suits

The United States Court of Appeals for the Eighth Circuit recently put the reins on employers' strategy of probing plaintiffs' sexual and mental histories to undermine emotional distress damages claims in sexual harassment suits. In Jenson v ...
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Application of the “Offer of Settlement” Statute: Less than Legislative Intent?

CRS § 13-17-202 is commonly known as the "offer of settlement statute." It became effective May 31, 1990.1 Its enactment eliminated the need for Colorado Rule of Civil Procedure ('C.R.C.P.') 68 (Offer of Judgment), and that Rule was repealed July ...
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Article 4590i Provides A Cap For Actual Damages But Not For Punitive Damages In A Medical Malpractice Case

Horizon/CMS Health Care Corporation v. Auld, 43 S.Ct.J. 1151 is a nursing home case brought under the Texas Survival Statute. The suit was originally filed by the next friend for Martha Hary against Horizon/CMS Health Corporation, the owner of ...
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Attorney’s Fee Provision Limited By New Jersey Court

In a recent case of first impression, the Appellate Division of the New Jersey Superior Court has interpreted a provision in a loan agreement that the borrower would pay "the lender's costs of collection, including reasonable attorney's fees", to be ...
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Attorneys Fees & Disputes

Disputes regarding legal fees are usually not investigated by the state's disciplinary body. The cost of legal services is generally left to an agreement between the lawyer and the client. Often disputes occur because you and your lawyer have a ...
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Availability of Punitive Damages: Depecage

A potential client comes to you with what looks like a good punitive damages case. Punitive damages, however, are not available under your state's law. Do not reject the case until you have evaluated whether you may be able to recover punitives ...
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Avoiding Liability for Punitive Damages

If litigation is a poker game, then punitive damages are its wild card. All business owners should be aware of some basic principles concerning the law of punitive damages. An award of punitive damages in a single case can destroy an otherwise ...
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Ban on Bundling May Not Be Done Deal

The past five years have seen tremendous growth in federal agencies’ use of the General Services Administration’s Multiple Award Schedule (MAS) program, with spending jumping from $4 billion in fiscal 1995 to $10.5 billion in fiscal 1999.In two ...
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Battles Over Real Estate Escrow Deposits

Article provided by Schneider & Onofry. Please visit our Web site at www.soarizonalaw.com. The decline of our economy is causing many homebuyers and landowners to second-guess their decisions before closing on real estate transactions. Buyers and ...
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Beware of What You Wish: D&O Allocation, Entity Coverage, and Bankruptcy

In recent years, two sets of events converged to trigger a fundamental change in D&O liability insurance policies. The first was a series of judicial decisions that addressed the issue of allocation between company and director and officer ...
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