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

Pennsylvania Ruling: Intentional Infliction of Emotional Distress

This month, the Supreme Court of Pennsylvania issued an opinion clarifying the requirements for a claim of intentional infliction of emotional distress. In Taylor v. Albert Einstein Medical Center, No. 33 E.D. Appeal Docket 1999, slip op. (May 17 ...
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Personal Injury Cases: Time is Essential

Bivin & McNamara, L.L.P proudly accepts all types of legitimate injury cases. We represent people who have been injured by the negligence of others, such as auto collisions, on-the-job injuries where there is no workers compensation, slip and falls ...
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President Clinton Signs Amendments to Hart-Scott-Rodino Pre-Merger Notification Act

On December 21, 2000, President Clinton signed into law a series of amendments to Section 7(A) of the Clayton Act, commonly known as the Hart-Scott-Rodino Premerger Notification Act. They take effect February 1, 2001. The HSR Act requires parties ...
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Products Liability Update: Legislative Update: A Return to Modest Proposals

Following the defeat of attempts at sweeping reforms earlier this year (such as the death in the Senate of the Product Liability Reform Act of 1997), the second half of 1998 saw a retreat to more modest reform proposals directed at particular issues ...
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Punitives Unavailable? Try Applying Depecage

A potential client comes to you with a good punitive damages case; however, punitive damages 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 under your state's ...
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Q: How Long Will the Good Times Last? A: At Least Through 1999 and Probably Beyond

As a result of gains in employment, increases in personal income, and overall positive growth in the gross domestic product, in 1996 U.S. consumer confidence was at its highest level since 1990. The strengthening of the national economy resulted in ...
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Ruling on Punitive Damages: California Court of Appeal Issues an Opinion Clarifying the Standard Of Proof Required to Establish Managing Agency and Corporate Ratification for the Imposition of Punitive Damages

California's Civil Code section 3294 governs the question of when punitive damages may be recoverable. The two substantive provisions of Civil Code section 3294 separately address liability for punitive damages individually and on behalf of a ...
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SEC Denies No-Action Treatment for Combinable Certificates

Many structured finance transactions rely on Securities and Exchange Commission Rule 3a-7 for their exemption from the Investment Company Act of 1940. Rule 3a-7 provides a "safe harbor" from the 1940 Act for such transactions subject to various ...
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Subrogation Against UIM Benefits in Texas

(No. 01-97-01021-CV) In an opinion issued June 17, 1999, the First Court of Appeals held that a workers' compensation carrier could pursue subrogation against uninsured/underinsured motorist benefits under a policy issued to the claimant's ...
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Subrogation Rights in Mississippi

The Mississippi Supreme Court in Joseph Hare v. State of Mississippi, et al., case number 97-CA-01443-SCT (decided March 18, 1999), issued an opinion addressing an important issue relating to insurance subrogation rights. The decision language ...
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