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Friday, July 8, 2011

Rendleman on Coordinating Restitution with Compensatory and Punitive Damages

Doug Rendleman (W&L) has posted to SSRN Measurement of Restitution:  Coordinating Restitution with Compensatory Damages and Punitive Damages.  The abstract provides:

Courts apply compensatory damages, restitution, and punitive damages to formulate litigants’ civil remedies. The frequently contested policy justifications for these three remedies are often hazy and uncertain. The transitions between the three remedies are disputed. Lawyers and courts often misunderstand restitution with deleterious consequences for litigants and the administration of justice.

The American Law Institute’s completion of the Restatement (Third) of Restitution and Unjust Enrichment provides the legal profession with opportunities to dispel this haze and to clarify the distinctions. In addition to obviating defendants’ unjust enrichment, restitution with its measurement choices provides a midpoint on a continuum of the three remedies. Restitution’s policy justifications often overlap with compensatory damages at one end of the continuum and with punitive damages at the other.

This modest effort identifies wiser choices to aid lawyers’ and courts’ remedial decisions and seeks to improve the courts’ administration of litigants’ civil remedies. Focusing on the Restatement’s measurement choices for restitution, it explains familiar examples to analyze the choices between compensatory damages, restitution, and punitive damages and to locate the transitions between them.

--CJR

July 8, 2011 in Scholarship | Permalink | Comments (0) | TrackBack (0)

Wednesday, July 6, 2011

Failure to Warn Suit Filed Against Tanning Salon

A 29-year-old Pennsylvania woman diagnosed with malignant melanoma has filed a failure to warn claim against a tanning salon.  She has been tanning since she was 16, and she went to defendant tanning salon from 2005 through 2009.  AboutLawsuits has the details.

--CJR

July 6, 2011 in Current Affairs, Products Liability | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 5, 2011

"Friend Finder" Class Action Dismissed

The Recorder (via law.com) reports that Judge Richard Seeborg has dismissed the "Friend Finder" class action against Facebook for lack of injury. 

Thanks to Lisa Smith-Butler for the news item.

- SBS

 

July 5, 2011 in MDLs and Class Actions | Permalink | Comments (0) | TrackBack (0)

Monday, July 4, 2011

Happy 4th of July!

AmericanFlag

 A happy 4th of July to all TortsProf readers!

- TortsProfs

July 4, 2011 | Permalink | Comments (1) | TrackBack (0)