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

Defamation: False Light

Plaintiff, the aunt of a well-known of a NBA basketball player, sued defendants, a publishing company and the reporter who authored an article. Plaintiff claimed that the article was defamatory, placed her in a false light and caused her emotional ...
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Defendant Can Utilize Motion for an Undertaking to Enforce Award of Costs

The following scenario is all too common. An out-of-state plaintiff sues a defendant in a California state court proceeding. After incurring significant attorney fees and costs, the defendant defeats the plaintiff's claims, either through a pretrial ...
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Diminution in Market Value of Repaired Vehicles

CONCLUSIONBack It is a common perception that an automobile's market value is diminished after it has sustained damage in an accident, notwithstanding the fact that the resultant damage may have been properly repaired. In that regard, demands are ...
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Disability Discrimination Can Give Rise To Emotional Distress Tort Claim As Well

In a recent decision, Utah Federal District Court Judge Dale Kimball sustained two employees' claims for intentional infliction of emotional distress against their former employer. The lawsuit was filed by a husband and wife who both worked for the ...
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Discovery And Trial In A Family Law Case Under The New Discovery Rules Introduction

It is a pleasure to write this paper and speak to you on the subject of discovery and trial in Family Law cases under the new Rules of Discovery, which I will call the new Civil Rules. It occurred to me that there will be a number of other well ...
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Dismissing Actions Due To the Early Issuance of EEOC Right-To-Sue Notices

The EEOC is in trouble. When it was faced with a backlog of more than 100,000 cases, the Commission decided it would surrender its jurisdiction upon demand by issuing a right-to-sue notice whenever a charging party asked for one. The backlog fell ...
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Distress Damages for Dwelling Defects

John Menezes contracted to build a "dream home" for Mr. and Mrs. Erlich; instead a nightmare resulted when the house resembled an interior waterfall during heavy rains. In addition to damages for repair costs (over $400,000), the Erlichs were ...
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Doing-Business Sanctions: Ignorance is Never Bliss

As the reach of project finance continues to expand abroad, awareness of limitations the U.S. government places on U.S. companies doing business overseas is increasingly crucial. Currently, more than 75 countries are subject to or threatened by some ...
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EDD Showcase: Ignore EDD at Your Peril

Gone are the days when parties and counsel could claim ignorance of the technical and legal issues involved in preserving electronic records associated with matters in litigation. As Judge Shira Scheindlin wrote in Zubulake v. UBS Warburg LLC , 2004 ...
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Employee Does Not Have to Show “Egregious” Conduct for Punitive Damages Under Title VII

In the case of Kolstad v. American Dental Association, the United States Supreme Court, on June 22, 1999, set the standard for punitive damages in cases filed under Title VII of the Civil Rights Act of 1964 (Title VII). The employee in this case ...
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