Torts: Remedies Posts
Issues in Documenting and Calculating Damages: The Debate Over Medical Financing and “Phantom” Damages
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the fourth panel of the day.
Supreme Court Says a Claim for Nominal Damages Avoids Mootness — But When Does That Matter?
The Supreme Court’s minimum requirements for standing are that a plaintiff show an injury, traceable to defendant, that the court can redress. If at any point in a litigation, these three requirements are no longer satisfied, the case becomes moot.
Developments in Punitive Damages
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the second panel of the day.
An Update on the Ongoing Debate over Nationwide Injunctions, Especially with a Change in Presidential Administration
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” This post includes a description and video from the first panel.
Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions
The Law & Economics Center at George Mason University Scalia Law School is hosting a free online Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions from 10:00 a.m. to 2:55 p.m. ET on Friday, February 19.
Project Spotlight: Restatement of the Law Third, Torts: Remedies
In the fall of 2020, the first draft of Restatement of the Law Third, Torts: Remedies was produced and the first project meeting was held. The post contains an excerpt from Comments of § 1 of Preliminary Draft No. 1 (Oct. 2020), titled “Introduction: The Right to a Remedy.”
Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC
From Season Two of Reasonably Speaking, this episode discusses the Supreme Court’s decision, both the Securities Act of 1933 and the Securities Exchange Act of 1934, and whether the Court’s reference to “equitable relief” includes the remedy of “disgorgement.”
Completing the Restatement Third of Torts
At its January meeting, the Council approved the launch of the final three components of the Restatement Third of Torts. The projects tentatively are titled: Remedies; Defamation and Privacy; and Concluding Provisions. With these projects, the ALI aims to complete an effort that began nearly three decades ago, when we started work on the Restatement of the Law Third, Torts: Products Liability. And when these projects are completed, the ALI will have produced a body of work that entirely supersedes the Restatement Second of Torts.