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

Prevailing Party’s Attorneys’ Fees

On October 1, 1999, changes to Florida Statute Section 57.105 went into effect which could dramatically alter when attorneys' fees can be awarded by the court to a prevailing party. Formerly, Section 57.105 only provided for an award of fees in ...

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One Action Rule Does Not Preclude Foreclosure Where Lender Amends Complaint Seeking Other Relief Before Trial

In William K. Kirkpatrick v. West American Bank, 98 Daily Journal D.A.R. 8111, the Third Appellate District affirmed a summary judgment in favor of West America Bank ("Bank") in an action to declare that the Bank waived its loan security and ...
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The (Ir)relevance of BMW v. Gore to Products Liability Litigation

In BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), the United States Supreme Court took an unprecedented step: it held that a punitive damages award that was the product of a constitutionally sufficient process nevertheless violated the ...

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Update on Medical Malpractice in Pennsylvania Under the New Medical Care Availability and Reduction of Error Act

After much anticipation and debate, the Pennsylvania legislature passed legislation known as Act 13. Shortly thereafter, on March 20, 2002, Governor ...

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Texas Supreme Court Narrows The Gap On Emotional Distress Claims

This past August, the Texas Supreme Court issued a ruling that will give employers an added measure of protection from large jury verdicts in employment discrimination and harassment cases. The case was Hoffman-La Roche, Inc. v. Zeltwanger. Ms ...

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Torts in Texas: Case Law

The court held that the evidence raised a fact issue, precluding a summary judgment, on a claim for intentional infliction of emotional ...

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The Pennsylvania Supreme Court’s Answer to Proposed Frivolous Litigation Legislation

In February, 2001, Pennsylvania Senators James Gerlach (R-Chester) and Robert Thompson (R-Chester) proposed legislation to create a new cause of action under Title 42 of the Pennsylvania Consolidated Statutes (Judiciary and Judicial Procedure) for ...

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Post-Judgment Remedies-Execution in Wisconsin

Generally, executions should be used when there is money or property in the hands of a judgment debtor that can be seized to satisfy a judgment. Execution is a method by which a judgment creditor can enforce a judgment by requiring the payment of ...
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New York Appellate Division Limits Bank Liability For Sharing Confidential Information

In Smith v. Chase Manhattan Bank, USA, N.A., et al., 741 N.Y.S.2d 100 (N.Y. App. Div., 2d Dep't, April 15, 2002), the New York Appellate Division recently affirmed dismissal of a class action alleging that Chase Manhattan Bank USA, N.A. and its ...
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New Way to Avoid Limits On Punitive Damages

Suppose you represent the plaintiff in a products liability case and there's a good potential for punitive damages, but punitive damages are prohibited or severely restricted in your state. What can you do? Why not tell the judge that you want your ...
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