Remedies ♦ Spring 2016
University of Tulsa
College of Law
Professor:
Office:
Phone:
Office Hours:
E-Mail:
Tamara R. Piety
Room 234 (Across from classroom 205)
918-631-2490
Tues. & Thurs. 1-2:15 PM
tamara-piety@utulsa.edu
Required Texts: (1) LAYCOCK, MODERN AMERICAN REMEDIES: CASES AND
MATERIALS, (Concise 4th Ed.)(2012)
Assignments Key: CB=casebook
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COURSE OUTLINE
Introduction
Unit I:
Compensatory Damages
Unit II:
Punitive Remedies
Unit III:
Injunctions
Unit IV:
Choosing Remedies
Unit VI:
Declaratory Remedies
Unit X:
Remedial Defenses
Unit VIII:
Ancillary Remedies: Enforcing the Judgment
VII:
Restitution
Unit IX:
Attorneys’ Fees and Costs
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SYLLABUS
The following is an estimated schedule for the course with each unit corresponding
to a class period. From time to time we may move more slowly or more quickly. Also,
from time to time I may give you more specific instructions than are provided here (for
example, that certain portions of the reading need only be skimmed). Warning! These
assignments may be subject to frequent modification. Therefore, if you miss a class, please
check with me or with your classmates to be sure that you have read the material we will
be covering.
In what follows I will indicate the pages to read, as well as the case(s) we will focus
on. I will expect everyone to have done the reading.
INTRODUCTION &
UNIT I – COMPENSATORY DAMAGES
# 1 Introduction to the Course and the Rightful-Position Principle
CB: Read “The Goals of the Book,” “Some Notes on Pedagogy” and “A Note to
Students” in the Preface & pp.1-27
United States v. Hatahley
In Re September 11th Litigation
Trinity Church v. John Hancock Mutual Life Ins. Co.
# 2 Reliance and Expectancy as Measures of the Rightful Position & Consequential
Damages
CB: pp. 28-53
Neri v. Retail Marine
Chatlos Systems v. National Cash Register
Smith v. Bolles
Buck v. Morrow
Meinrath v. Singer Co.
Texaco v. Pennzoil
# 3 Limitation-of-Remedy and Liquidated-Damages Clauses
CB: pp. 53-68
Kearney & Trecker v. Master Engraving
In Re Trans World Airlines
Northern Illinois Gas & Energy Co-op
# 4 Avoidable Consequences, Offsetting Benefits, and Collateral Sources
CB: pp. 68-80
S.J. Groves & Sons Co. v. Warner Co.
Oden v. Chemchung Co. Industrial Development Agency
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# 5 The Scope of Liability
CB: 80-94
Pruitt v. Allied Chemical Co.
Evra Corp. v. Swiss Bank Corp.
# 6 Substantive Policy Goals and the Requirement of Reasonable Certainty
CB: pp. 94-107
Brunswick Corp. v. Pueblo Bowl-O-Mat
Bigelow v. RKO Radio Pictures
# 7 Litigating Damages for Personal Injuries and Death and the Debate Over Tort
Reform
CB: pp. 108-137
Debus v. Grand Union Stores
Arbino v. Johnson & Johnson
- View “Hot Coffee” documentary (“Hot Coffee” is available to check out through
the MLIC as well as for viewing on line at the website, Netflix and Amazon).
“Cup Half Full: ‘Hot Coffee’ Serves Up Slanted View of Liability System” Forbes
magazine [TWEN]
# 8 Dignitary and Constitutional Harms
CB: pp. 137-150
Levka v. City of Chicago
Carey v. Piphus
UNIT II – PUNITIVE REMEDIES
# 9 Punitive Damages: Common Law, Statute and the Constitution
CB: pp. 171-206
Exxon Shipping Co. v. Baker
State Farm Mutual Automobile Ins. V. Campbell
Philip Morris USA v. Williams.
Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.
UNIT III
DECLARATORY REMEDIES
# 10 Declaratory Judgments: The General Case
CB: pp. 453-477
Nashville, Chattanooga & St. Louis Ry. V. Wallace
Cardinal Chemical Co. v. Morton Int’l
Steffel v. Thompson
Doran v. Salem Inn, Inc.
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# 11 Quiet Title and the Like: Reformation
CB: pp. 477-488
Newman Machine Co. v. Newman
Hand v. Dayton-Hudson
UNIT IV - INJUCTIONS
# 12 Preventing Wrongful Acts and Lawful Acts That Might Have Wrongful
Consequences (Preventive and Prophylactic Injunctions)
CB: pp. 207-232
Almurbati v. Bush
Marshall v. Goodyear Tire
United States v. W.T. Grant
Nicholson v. Connecticut Half-Way House
PepsiCo, Inc. v. Redmond
# 13 Scope of Injunctions in Institutions and Modifying Injunctions
CB: pp. 244-85
Missouri v. Jenkins
Brown v. Plata
Horne v. Flores
UNIT V – CHOOSING REMEDIES
# 14 Damages or Injunction? Irreplaceability
CB: pp. 297-319
Pardee v. Camden Lumber
Brook v. James A. Cullimore & Co.
Continental Airlines v. Intra Brokers
Campbell Soup
# 15 Damages or Specific Relief?
CB: pp. 319-30; 337-50
Van Wagner
Whitlock v. Hilander Foods
Ebay Inc. v. Mercexchange, LLC
Willing v. Mazzocone
# 16 Preliminary or Permanent Relief: Preliminary Relief
CB: pp. 350-372
Winter v. Natural Resources Defense Council
Coyne-Delany v. Capital Development Board
Carroll v. Princess Anne
Sampson v. Murray
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# 17 Prospective or Retrospective Relief: Sovereign Immunity & Qualified
Immunity
CB: pp. 373-393
Edelman v. Jordan
Harlow v. Fitzgerald
UNIT VI – REMEDIES AND SEPARATION OF POWERS
# 18 Damage Suits Against the Government
CB: pp. 395-406
Stone v. North Carolina Dept. of Labor
# 19 Personal-Capacity Suits: Absolute Immunity
CB: pp. 406-416
Van de Kamp v. Goldstein
# 20 Creating Causes of Action
CB: pp. 416-429
Bivens v. Six Unknown Named Agents
Alexander v. Sandoval
# 21 The Right to a Jury Trial
CB: pp. 441-451
Chauffeurs Local No. 391 v. Terry
UNIT VII – RESITUTION
# 22 Restitution from Innocent Defendants
CB: pp. 489-513
Blue Cross Health Services v. Sauer
Somerville v. Jacobs
Anderson v. Schwegel
Farash v. Sykes Datatronics, Inc.
#23 Recovering More than the Plaintiff Lost
CB: pp. 513-538
Olwell v. Nye & Nissen
Maier Brewing v. Fleischmann Distilling
Sheldon v. Metro-Goldwyn Pictures Corp.
Hamil America, Inc. v. GFI
# 24 Breach of Contract & Recission
CB: pp: 539-551
Snepp v. United States
May v, Muroff
Mobil Oil Exploration & Producing Southeast, Inc. v. United States
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# 25 Constructive Trusts, Tracing, Equitable Liens and Subrogation
CB: 551-87
Paolini v. Goldstein
Ruffin v. Ruffin
In Re Leitner
In Re Eerie Trust Co.
In Re JD Services, Inc.
In re Mesa
Mort v. United States
# 26 Defenses and Rights of Third Parties
CB: 587-600
Newton v. Porter
Banque Worms v. Bankamerica International
UNIT VIII – ANCILLARY REMEDIES:
ENFORCING THE JUDGMENT
# 27 Contempt
CB: pp. 601-619
International Union, United Mine Workers v. Bagwell
Anyanwu v. Anyanwu
# 28 Execution, Garnishment, and the Like and Preserving Assets before Judgment
CB: pp. 654-87
Credit Bureau v. Moninger
Dixie National Bank v. Chase
In re Marriage of Logston
City of New York v. Citisource
W.E. Erickson Construction v. Congress-Kenilworth Corp.
UNIT IX – ATTORNEYS FEES AND COSTS
# 29 Fee Shifting Statutes and Ethical Issues in Fee Awards
CB: 689-726
City of Riverside v. Rivera
In re Cabletron Systems, Inc. v. Securities Litigation
Evans v. Jeff
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UNIT X – REMEDIAL DEFENSES
# 30 Unconscionability: Unclean Hands, In Pari Delicto, Estoppel and Waiver
CB: pp. 727-752
Muhammad v. County Bank
Pinter v. Dahl
Geddes v. Mill Creek Country Club
Carr-Gottstein Foods v. Wasilla, LLC
# 31 Laches, Statutes of Limitations and Continuing Violations; The Discovery Rule
and Fraudulent Concealment
CB: pp. 752-81
Pro-Football v. Harjo (2005)
Pro-Football v. Harjo (2009)
Klehr v. A. O. Smith Corp.
Debiec v. Cabot Corp.
Knaysi v. A.H. Robins
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Class Policies and Procedures
Class Meetings: Our regular class meeting time is Tues. & Thurs. from 1:00-2:15 PM in
Room 205. (My office is right across the hall).
Class Preparation: I will expect everyone to read the cases in advance of class. I will call
on people if there are no volunteers. Preparation is going to be critical because this is a
very small class.
TWEN: There is a TWEN site for this class and you are expected to check it for
announcements, assignments and modifications to this syllabus. Any slides used in the
course will be posted to TWEN subsequent to their use in class.
Attendance Policy: Attendance is mandatory. Regular class attendance is a vital part of
preparation for the exam. If you miss a class it is your responsibility to obtain any in-class
announcements, notes and assignments. The American Bar Association Accreditation
Standard 305(c) requires you to be in “regular” class attendance. If you miss more than 4
classes I cannot consider you in regular attendance and you will dropped from the
class unless good cause is shown for why you should remain. Regular attendance is
going to be critical because this is such a small class. If you are absent you WILL be
missed.
Taping the class:
Audio Taping: You may tape (audio) the class for your own use or for that of
classmates for legitimate study purposes. Tapes may not be used for any other purpose
without permission.
Video Taping: I will not permit the class to be videotaped for individual absences.
If I need to schedule a make-up the make-up class will always be video-taped since the
make-up will be take place other than at the usual time. But I will not ask for or permit
videotaping of the class for individual absences. I will consider, on a case-by-case basis,
videotaping the class if a large number of people need to be absent because of a competition
or a conflict with an important event. In all such cases a request needs to be made at least
a week in advance in order to ensure that the computing support staff has time to make the
necessary arrangements.
Class Participation: You are encouraged to participate in class discussion and such
participation will count towards your final grade (See Grades below). The amount of bonus
points for participation may be a maximum of 5 points. These points will be assessed on
the basis of quality as well as quantity and entirely subject to my discretion. Participation
is essential to keeping class interesting.
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NOTE: From time to time it may be necessary for me to cut off discussion in order
to enable us to cover the material that we need to cover. These instances should not be
interpreted as a reflection of my judgment on the quality or importance of the discussion
or of any individual’s contribution. Please feel free to follow up with me after class or
during my office hours if you have additional questions.
Conduct: You should treat the classroom as you would the courtroom. That means you
should behave in a professional manner. This includes being punctual. If you are more
than 5 minutes late please try to enter as quietly as possible.
Grades: The final grade will be based the final examination. You may earn bonus credit
for class participation (and thereby enhance your grade) for up to five (5) points. See “Class
Participation” above. Please note that these points are strictly bonus points and are added
to final exam grade. Participation can only enhance your grade; you cannot earn negative
points. However, there is no entitlement to any bonus points. The number of points is both
a qualitative and quantitative assessment.
Exam: The exam will be on April 27th at 9:00 AM in rooms 201 & 203. It will be a 3 hour,
in-class exam with a mixture of issue spotter and essay questions. The exam will be openbook.
Supplemental materials: From time to time I may provide you with supplemental materials
in class, or direct you to materials posted on the web. All such materials become part of
the material you should master for the course and exam problems may be drawn from it.
Canned Outlines, Treatises, “Crunch Time,” etc.: I do not recommend the use of these
materials. In my experience they not only are an unnecessary expense, they also increase
confusion. The interpretation of the broad outlines of the law, and the conclusions to be
drawn from it, are often matters subject to varying interpretation. I will not be relying on
these materials to write the exam, so it would be a mistake to rely on them for guidance in
exam prep.
Americans With Disabilities Act Notice: The foregoing information is available on the
Faculty Support web site and in additional alternative formats upon request.
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