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

Contracts: Tender Back of Consideration Not a Rigid Requirement for Equitable Rescission

Plaintiffs brought suit, seeking, inter alia, rescission of a transaction in which they conveyed six million shares of stock in return for an interest in real property. Defendants moved for summary judgment, inter alia, on the grounds that ...
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Contribution Rights of A Settling Defendant In Texas

Traditionally, in Texas, a defendant can settle only its proportionate share of common liability and cannot preserve rights against a non-settling defendant under common law or the comparative negligence statute, (Texas Civil Practice and Remedies ...
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Court Denies Diminution Claim Where Neighbor’s Release Did Not Reach Property

A federal court in Michigan has held that a person who owns land adjacent to contaminated property, but whose property has not actually become contaminated, may not sue the neighboring owner for diminution of property value. In 1988, defendant Emro ...
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Court Halts Overpayment Recoupment

The United States District Court for the Northern District of Florida entered an Order on June 25, 1997 enjoining the Secretary of Health and Human Services ("Secretary") from recouping alleged overpayments from a class of Florida podiatrists and ...
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Court Issues Guidelines For Determining Whether Punitive Damages Are Excessive

In Bowden v. Caldor, Inc., 1998 Md. Lexis 407 (1998), the Court of Appeals established a nine-part test to guide trial judges in reviewing punitive damages awards for excessiveness. The case involved the detention of Samuel David Bowden, a ...
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Court of Appeals Allows Gerrymandered Settlement

Texas Workers' Compensation Fund v. Jose Serrano, et al., No. 13-95-482-CV, Court of Appeals (Tex. Civ. App. - Corpus Christi 1999). Jose Serrano, a Mexican citizen, was severely injured when he was pinned between a truck and trailer, paralyzing him ...
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Court Of Appeals Finds Written-Off Medical Expenses Are Recoverable

On July 27, 1999, in Ellsworth v. Schelbrock, the Wisconsin Court of Appeals held the plaintiff could recover the reasonable value of medical expenses rendered, rather than the lesser amount actually paid under a medical assistance program. The ...
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Creating the Design/Build Team

A/Es who take on the lead role as the design/builder are in for the greatest shock with respect to potential liability and risk. In doing so, they may not be covered by the standard professional liability insurance coverages for many of the most ...
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Creative New Insurance Products LMU, REP & Warranty and Contingent Tax Insurance

In response to the insurance industry's recent profitability challenges and increased commitment to creative risk management techniques, many insurers are now offering three types of new insurance products that can provide significant benefits to a ...
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Debtors’ Rights in Florida

You can't go to jail for failing to pay a debt or a judgment. If you do not pay a debt or if a judgment is entered against you, this information can be reported to the credit bureau and made a part of your credit history. The credit bureau can ...
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