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

The Pennsylvania Supreme Court has Clarified and Established the Elements Necessary to Dismiss a Civil Case for Lack of Prosecution

In 1992, the Pennsylvania Supreme Court decided Penn Piping, Inc. v. Insurance Company of North America, 529 Pa. 350, 603 A2d 1006 (1992). The holding in Penn Piping which upheld a dismissal of plaintiff's case due to prejudice to the Defendant for ...
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Uncle Sam and Settlement Proceeds: Is the Settlement Taxable?

In negotiating the settlement of an employment law case, will the settlement proceeds be taxable, reportable or subject to withholding and payroll taxes? Over the last few years, amendments to the tax code and U.S. Supreme Court decisions have ...
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The Contract You Thought You Made: The Express Negligence Doctrine

You have negotiated a good deal with the "other side" and secured management approval to enter the deal. However, even though you may have included in meticulous detail various provisions that protect your company, there is the nagging issue of ...
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What is Subrogation and How Does it Affect You?

If you are involved in any aspect of the real estate business, sooner or later you will come across the term, "subrogation." Most often it appears in leases, but you may also find it in mortgages, insurance policies, guarantees and other agreements ...
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Using The Due Process Clause To Defend Claims For Class-Wide Punitive Damages

Class actions can put defendants under enormous and undue pressure to settle or face a crippling verdict. That pressure is intensified when there is the specter of class-wide punitive damages. These awards can serve the state's legitimate interest ...
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US Sanctions on India and Pakistan Likely To Have Broad Impact On US Industry

U.S. Sanctions on India and Pakistan Following Nuclear Tests Likely To Have Broad Impact on U.S. Industry What sanctions will be imposed on India and Pakistan? Who is in charge of formulating the sanctions? Why haven't Treasury or Commerce ...
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Subrogation under Attack in Pennsylvania

A bill which would ban subrogation has been proposed in the Pennsylvania legislature. Senate Bill 1065, introduced by Senators Brightbill, Punt and Waugh, on September 7, 1999, proposes to abolish both the collateral source rule, (the rule by which ...
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Punitive Damages After BMW of North America, Inc. v. Gore

Evan M. Tager is a partner in the Washington, D.C. office of Mayer, Brown & Platt. He regularly represents businesses, including insurers, involved in punitive damages litigation. Along with his partner, Andrew L. Frey, who argued the case, Mr ...
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U.S. Supreme Court Clarifies Standard for Punitive Damages Awards in Discrimination Cases

On June 22, 1999, the U.S. Supreme Court handed down four important employment discrimination decisions. In three of the cases, the Court concluded that the Americans with Disabilities Act (ADA) generally does not protect people with impairments ...
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The Expanding Indemnity Rights of Non-Manufacturing Product Sellers and the Problem of the “Mixed” Case

A person injured in a bicycle accident sues both the small bicycle manufacturer and Wal-Mart, where the bicycle was purchased. Plaintiff contends that the bicycle was defectively designed and that both defendants are responsible under strict ...
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