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

Restoring the Injured Party Vs. Sales Tax Recovery

Can a tort victim recover sales tax from a tortfeasor who causes the total loss of the tort victim's vehicle? The Louisiana Supreme Court recently addressed this issue in the case of State Farm v. Berthelot, 98-1011 (La. 4/13/99), WL 213023 (La.). A ...
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Avoiding Punitive Damages in Employment Discrimination Cases: A Practical Guide

Punitive damages are awarded to punish an offender, thereby discouraging similar conduct in the future. Where applicable, punitive damages in employment discrimination suits generally account for the overwhelming majority of the total damages ...
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Bad Faith Claims By The Principal And Indemnitors

Any analysis of claims by a principal or indemnitor against a surety must begin with the General Indemnity Agreement or GIA. The GIA is the fundamental contract between the parties that defines the rights of the surety and the obligations of the ...
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IRS Eases Requirements for 401(k) Safe Harbors

In 1996 Congress amended the tax code to provide that employers who provide a certain amount of matching or profit-sharing contributions under a "safe harbor" formula get a free pass on the "actual deferral percentage" ("ADP") and "actual ...
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Lien Reduction Statues: The Newest Subrogation Obstacle

Just about the time subrogating carriers are finally making leeway against anti-subrogation doctrines such as the "made whole doctrine", the "common fund doctrine", and other equitable attacks on carriers' rights of subrogation, a new obstacle has ...
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Calculating Delay Claims: An Overview of the Components

A previous article set forth the basic requirements to establish liability for a delay claim. This article is an overview of the components included in calculating and quantifying a delay claim Generally, the method for calculating the claim or ...
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Avoiding Defamation in the Workplace, Giving References and Disciplining Employees While Avoiding Liability

INTRODUCTION Increasingly, people who are unable to find work are blaming former employers for hindering their job search by giving negative references to prospective employers. This blame often evolves into a lawsuit for defamation, although the ...
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Foreclosure of Mortgages

The following is a summary of South Carolina's mortgage foreclosure procedure. It contains no statutory or judicial citations and is intended only as a general explanation to the reader. For more detailed information, please consult the undersigned ...
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Labor & Employment Update: February 1999

In this issue: In 1998, California courts, in two well publicized employment discrimination cases, awarded thousands of dollars in attorneys' fees and costs to prevailing defendants despite the stringent standards against granting such awards ...
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Amendments to Pennsylvania Mortgage Bankers and Brokers Act Are Adopted

The Pennsylvania Mortgage Bankers and Brokers Act (the "Act") governs the licensing and operations of first lien residential mortgage lenders and brokers in the Commonwealth of Pennsylvania. A comprehensive set of amendments to the Act (the ...
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