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

Subrogation Rights

Wisconsin Constitution Article 1, Section 5 Insurance companies do not ordinarily think of themselves as plaintiffs. A carrier's subrogation rights can exist under common law, equity, contract, or statute. No matter its origin, a carrier's right of ...
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Taxation of Damages Under the Small Business Job Protection Act of 1996

On August 21, 1996, President Clinton signed the Small Business Job Protection Act of 1996. Taxation of damages was affected by this bill. No longer are damages attributable to emotional distress excluded from taxable income. Under the new law, the ...
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Taxes On Back Pay

In April, the U.S. Supreme Court ruled that a back pay award or settlement must be taxed as wages in the year in which the amount is paid and may not be attributed to the prior years for which the amount was intended to be compensation. The case ...
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Tennessee Court Upholds $850,000 Sexual Harassment Award

The Tennessee Court of Appeals has upheld a verdict of $850,000.00 in a case in which the plaintiff alleged that her supervisor repeatedly propositioned and harassed her, and ultimately raped her on a business trip. The jury awarded $1.2 Million in ...
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Texas Enforcement of Court Orders

What is enforcement? Enforcement is a lawsuit that is filed to force a person to obey a court order. In the context of family law the court may enforce orders dealing with the following matters: Usually court orders will be enforced by "contempt ...
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Texas Sets Pace in Drug Tort Reform

Reprinted from Drug Discovery & Development, June 2004 We could see it coming. 2003 was a time for legislative action in Texas. Our pharmaceutical clients had long been the targets of "iffy" – but potentially dangerous and certainly very costly ...
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The McDONALDS Coffee Cup Case: Separating McFACTS From McFICTION

Ask anyone about the McDonald's Coffee Cup Lawsuit and chances are they'll tell you they have heard of it - a woman spills a cup of coffee on her lap and gets big bucks in court. This is the part of the story that insurance companies and certain ...
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The Right To Conduct Discovery Regarding Garnishee Disclosures: A Trap For The Unwary

When a creditor is collecting a judgment, it will often file writs of garnishment against any party the creditor has reason to believe is holding property of its debtor. After this third party (the "Garnishee Defendant") receives a writ of ...
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The Truth about Legal Legends: A Quiz

Consumer advocates and some legal scholars say the public's image of the legal system is colored by myths. Test your susceptibility. Huge punitive damage award have become an every day event in our court system. False. A study of courts in the ...
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Unenforceable Late Fees

Last June, in the context of a mortgage foreclosure case, the Appellate Division of the New Jersey Superior Court struck down a 5% late fee and an enhanced default interest rate (of more than 5% above the regular interest rate) as unenforceable ...
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