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

Mediation Can Be Binding

Mediation is non-binding. That statement is true, but only up to and until a settlement agreement is reached. In a recent case from the Tennessee Court of Appeals, the Court held that, absent fraud or mistake, once the agreement was reached, the ...
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Mental Anguish Claims In Property Damage Cases

Occasionally, a plaintiff files a lawsuit seeking damages only for an injury to property, but not to the person. These plaintiffs seek to maximize their recovery and, therefore, invent creative methods for damage recovery. For example, plaintiffs ...
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Minnesota’s Twisted Law of Indemnification Takes Another Turn: Conditional Indemnification Claims and Minnesota Common Law

The construction industry has long used contractual indemnification provisions to affirmatively allocate risk for property damage, bodily injury and defective construction claims amongst the entities designing and performing the work. Historically ...
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Missouri Small Claims Court Handbook

The small claims court is a division of the circuit court presided over by an associate circuit judge. The small claims court is a people's court and was established to help people handle their small cases without an attorney. The clerks are there ...
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Mitigation Of Damages In Texas

In property damage subrogation claims, mitigation of damages is always an issue. It may relate to the cost of repairing or replacing damaged property, including salvage for property that cannot be repaired. In commercial settings, it may also relate ...
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Mortgages and Public Auctions in the Czech Republic

After almost 10 years of substantial change in Czech society which were triggered by the Velvet Revolution, various legal issues in the Czech Republic remain unresolved. One such issue, important for real-estate developers, banks, investors and all ...
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New 401(k) Safe Harbor Plans Now Available

Effective for calendar 1999 a new 401(k) plan variant became available which does away with the Average Deferral Percentage ("ADP") test. The ADP test requires that the average contributions of highly compensated employees expressed as a percentage ...
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New Federal Law Limiting Y2K Liability

The United States Senate recently passed the "Y2K Act" ("the Act"), which some believe could avoid an economic crisis created by an onslaught of lawsuits against companies with year 2000 computer problems. The Act, sponsored by Senator John McCain ...
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New Jersey Appellate Court Limits Buyers’ Protection of Mortgage Contingency Clause

The Appellate Division of the New Jersey Superior Court, in a decision announced June 16, 1998, has overruled a previous lower court ruling, and held that a lender's refusal to fund a mortgage loan due to a change in financial circumstance on the ...
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New Jersey Superior Court Restricts Lenders’ Ability to Collect Late Fees and Default Interest

In the recent case of MetLife Capital Financial Corporation v. Washington Avenue Associates (N.J. Super., 1998), the New Jersey Superior Court considered the enforceability of provisions in a note which imposed a 5% late fee on overdue installments ...
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