MONTEREY COLLEGE OF LAW
SPRING 2012
REMEDIES
PROFESSOR RICHARD DESAULLES
Semester:
Spring 2012
Professor:
Richard deSaulles
(831) 402-2195
rich@rdlawoffices.com
Class Time:
Thursdays, 6:30 pm – 9:30 pm.
First Class:
Thursday, January 12, 2012.
Required Text:
None. All cases and course materials will be available via Moodle
(see notes, below).
See web course enrollment directions, attached hereto. All cases may be downloaded or
accessed from Moodle each week. If you are unable to download the course materials from
the website, you are expected to utilize either Lexis, Westlaw, or the MCL library to locate
the assigned cases.
NOTE:
All students are expected to have accessed the Moodle course web site
no later than Thursday, January 19, 2012.
Course Objectives:
Remedies is a one semester, three-unit course. The course has three main objectives:
(1)
to provide students an opportunity to master the major remedial concepts;
(2)
to refine upper-class students’ legal-analytical skills, including the careful
analysis and manipulation of cases, doctrine and policy; and
(3)
to enhance students’ ability to express their ideas regarding legal issues, both
orally and in writing.
Course Methodology:
This course shall utilize a hybrid Socratic method and the problem method of teaching. I
shall place emphasis on cases, particularly because the law of remedies has been made and
continues to develop through cases. Consequently, class preparation is very important. In
addition, at the end of each class, we will go over the two MBE-style multiple-choice
questions that were due at the beginning of class.
Class Participation and Preparation:
Prior to each week’s class, you are required to download and read the cases posted on the
Moodle website. In addition, you are required to turn in answers to two questions posted on
the Course website the week before. These questions will usually be MBE-styled multiplechoice questions, but may also include hypotheticals, and/or questions from the assigned
cases. You are expected to submit your answers electronically prior to 6:30 pm on the day
of class.
Otherwise, you may turn in your answers at the beginning of class. Any assignments turned
in after 6:30 pm on the date that it is due will not be accepted.
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Monterey College of Law
Spring 2012
Remedies Syllabus
Professor Richard deSaulles
Please be aware that legal education is a cooperative venture, and lawyers who practice in
areas of law implicating remedies law (which encompasses most practice areas) must be able
to orally communicate their ideas. Class participation therefore is a mandatory part of this
course, and shall encompass a portion of the class grade (See Course Grading, below). Any
student whom I regard as unprepared when I call on them in class will be notified after class
accordingly. Any student who believes I am incorrect may challenge my conclusion by
submitting written case briefs to me for each of the cases covered in class that day, prior to
the time I leave the classroom.
Please note that there is a significant difference between being unprepared and being unable
to “answer” a question that arises during our class discussion. Your grade will not be
reduced because you venture an incorrect answer during oral discussion—unless, of course,
the answer reflects inadequate preparation.
Attendance:
The Monterey College of Law attendance policy and the Committee of Bar Examiners
require attendance at class. At the beginning of each class, I will pass around an attendance
sheet for each student to sign. If you miss class, it is your responsibility to obtain the notes,
materials and assignments from that class; it is also your responsibility to turn in your weekly
assignments on time, regardless of whether or not you are able to attend class. Excessive
absences will be handled in accord with the MCL attendance policy.
Course Grading:
Your grade will be based 25% on the mid-term examination (on March 1, 2012), 65% on the
final examination (on April 26, 2012), and 10% on class participation, preparation and
completion of your weekly assignments. With regard to both exams, emphasis will be placed
on your ability to analyze and apply the law to facts.
The midterm and final exam shall each consist of two essays plus 33 MBE-style multiplechoice questions.
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Monterey College of Law
Spring 2012
Remedies Syllabus
Professor Richard deSaulles
COURSE OUTLINE AND ASSIGNMENTS
WEEK #1
January 12, 2012:
Introduction to theories of remediation and
election of remedies
Reading:
Introduction to Remedies
Hatahley, et al. vs. United States (257 F.2d 920)
Assignment: Answers due at 6:30 pm on or before January 19, 2012.
WEEK #2
DATE TBD:
Measurement of damages
Reading:
United States v. Fifty Acres of Land, et al. (469 U.S. 24)
King Fisher Marine Service Inc. v. The NP Sunbonnet, et al. (729 F.2d 315)
Charter Oak Fire Ins. Co. v. Color Converting Ind. Co. (45 F.3d 1170)
United States v. Ebinger (386 F.2d 557)
Decatur County Ag-Services, Inc. v. Young (426 N.E.2d 644)
Trinity Church v. John Hancock Mut. Life Ins. Co., et al. (502 N.E.2d 532)
WEEK #3
January 19, 2012:
Measurement of damages, continued.
Reading:
Neri v. Retail Marine Corp. (285 N.E.2d 311)
Chatlos Systems, Inc. v. National Cash Register Corp. (670 F.2d 1304)
Smith v. Bolles (132 U.S. 125)
Buck v. Morrow (21 S.W. 398)
Meinrath v. Singer Co. (87 F.R.D. 422)
First Sec. Bank of Bozeman v. Goddard, et al. (593 P.2d 1040)
Texaco v. Pennzoil (729 S.W.2d 768)
Assignment: Answers due at 6:30 pm on or before January 26, 2012.
WEEK #4
January 26, 2012:
Specification of remedies by the parties; cost of
cover and duty to mitigate.
Reading:
Kearney & Trecker v. Master Engraving (527 A.2d 429)
Ashcraft & Gerel v. Coady (244 F.3d 948)
Berlinger v. Suburban Apt. Mgmt. Co., et al. (454 N.E.2d 1367)
Northern Illinois Gas (461 N.E.2d 1049)
Assignment: Answers due at 6:30 pm on or before February 2, 2012.
WEEK #5
February 2, 2012:
Limitations on remedies: collateral source rule;
scope of liability.
Reading:
S.J. Groves v. Warner (576 F.2d 524)
Helfend v. So. Cal. Rapid Transit (465 P.2d 61)
Pruitt v. Allied Chemical (523 F.Supp. 975)
Louisiana, ex rel. Guste v. M/V Testbank, et al. (752 F.2d 1019)
People Express Airlines, Inc. v. Consolidated Rail Corp., et al. (495 A.2d 107)
Evra v. Swiss Bank (673 F.2d 951)
Southwestern Bell Telephone v. Norwood (207 S.W.2d 733)
Assignment: Answers due at 6:30 pm on or before February 9, 2012.
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Monterey College of Law
Spring 2012
Remedies Syllabus
Professor Richard deSaulles
WEEK #6
February 9, 2012:
Limitations on remedies, continued; additional
types of damages: non-economic losses – pain and
Reading:
suffering; punitive damages.
Bigelow v. RKO (327 U.S. 251)
Brunswick v. Pueblo Bowl-O-Mat (429 U.S. 477)
Debus v. Grand Union Stores (621 A.2d 1288)
Beagle v. Vasold (417 P.2d 673)
Grimshaw v. Ford Motor Co. (119 Cal.App.3d 757)
BMW, Inc. v. Gore (517 U.S. 559)
State Farm v. Campbell (538 U.S. 408)
Formosa Plastics Corp. (960 S.W.2d 41)
Exxon Shipping Company, et al. v. Grant Baker, et al. (128 S.Ct. 2605)
Assignment: Answers due at 6:30 pm on or before February 16, 2012.
WEEK #7
February 16, 2012:
Coercive relief: injunctions.
Reading:
Humble Oil v. Harang (262 F.Supp. 39)
City of Los Angeles v. Lyons (461 U.S. 95)
Marshall v. Goodyear Tire (554 F.2d 730)
U.S. v. W.T. Grant Co. (345 U.S. 629)
Nicholson v. Connecticut Halfway House (218 A.2d 383)
Bell v. Southwell (376 F.2d 659)
Assignment: Answers due at 6:30 pm on or before February 23, 2012.
WEEK #8
February 23, 2012:
Mid-Term Review / Plaintiff’s right to elect the
remedy or remedies.
Reading:
Forster v. Boss (97 F.3d 1127)
Winston Research Corp. v. 3M Corp., et al. (350 F.2d 134)
Pardee v. Camden Lumber Co. (73 S.E. 82)
Assignment: Answers due at 6:30 pm on or before March 1, 2012.
WEEK #9
March 1, 2012:
MID-TERM EXAMINATION
WEEK #10 March 8, 2012:
Structural injunctions and Constitutional rights.
Reading:
Milliken v. Bradley, et al. (418 U.S. 717)
Milliken v. Bradley, et al. (II) (433 U.S. 267)
Missouri v. Jenkins (515 U.S. 70)
Lewis v. Casey (518 U.S. 343)
United States v. Virginia (518 U.S. 515)
Rufo v. Inmates of Suffolk County Jail (502 U.S. 367)
Assignment: Answers due at 6:30 pm on or before March 15, 2012.
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Monterey College of Law
Spring 2012
Remedies Syllabus
Professor Richard deSaulles
WEEK #11
March 15, 2012:
Election of remedies, continued; non-coercive
remedies
Reading:
Campbell Soup v. Wentz (172 F.2d 80)
Brook v. Cullimore (436 P.2d 32)
Carroll v. President of Princess Anne (393 U.S. 175)
U.S. v. Phillip Morris USA Inc. (396 F.3d 1190)
eBay, Inc. v. MercExchange, L.L.C. (547 U.S. 388)
Steffel v. Thompson (415 U.S. 452)
Newman Machine Co. v. Newman (166 S.E.2d 63)
Hand v. Dayton-Hudson (775 F.2d 757)
Assignment: Answers due at 6:30 pm on or before March 22, 2012.
WEEK #12
March 22, 2012:
Introduction to restitution (unjust enrichment
conferred upon the defendant by the plaintiff)
Reading:
Olwell v. Nye & Nissen Co. (173 P.2d 652)
Edwards v. Lee’s Administrator, et al. (96 S.W.2d 1028)
Vincent v. Lake Erie Trans. Co. (124 N.W. 221)
Roberts v. Sears, Roebuck and Co. (723 F.2d 1324)
Mobil Oil v. United States (530 U.S. 604)
Glendale Fed. Bank, FSB v. United States (239 F.3d 1374)
Maier Brewing v. Fleishmann (390 F.2d 117)
Snepp v. United States (444 U.S. 507)
Sheldon v. MGM (309 U.S. 390)
Assignment: Answers due at 6:30 pm on or before March 29, 2012.
WEEK #13 March 29, 2012:
Other means of restitution, continued
Reading:
Mutual Life v. JMR Electronics Corp. (848 F.2d 30)
Cherry v. Crispin (190 N.E.2d 93)
Farash v. Sykes Datatronics (452 N.E.2d 1245)
Sterling v. Marshall, et al. (54 A.2d 353)
Rogers v. Rogers (473 N.E.2d 226)
Robinson v. Robinson (429 N.E.2d 183)
Assignment: Answers due at 6:30 pm on or before April 5, 2012.
WEEK #14 April 5, 2012:
Defenses to remediation
Reading:
Ariola v. Nigro (156 N.E.2d 536)
Willing v. Mazzacone (393 A.2d 1155)
Mazzacone v. Willing (369 A.2d 829)
Pinter v. Dahl (486 U.S. 622)
Amendariz v. Foundation Health (6 P.3d 669)
Geddes v. Mill Creek Country Club (751 N.E.2d 1150)
NAACP v. NAACP LDEF (753 F.2d 131)
Klehr v. A.O. Smith Corp. (521 U.S. 179)
O’Brien v. Eli Lilly Co. (668 F.2d 704)
Assignment: Answers due at 6:30 pm on or before April 12, 2012.
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Monterey College of Law
Spring 2012
Remedies Syllabus
Professor Richard deSaulles
WEEK #15 April 12, 2012:
Enforcement of Judgment
Reading:
United Mine Workers v. Bagwell (512 U.S. 821)
Walker v. City of Birmingham (388 U.S. 307)
Credit Bureau v. Moninger (284 N.W.2d 855)
In re Marriage of Logston (469 N.E.2d 167)
City of Riverside v. Rivera (477 U.S. 561)
Assignment: Study for the Final Exam.
OPTIONAL FINAL EXAM STUDY SESSION: April 19, 2012 (exact time & place to
be determined)
FINAL EXAM: April 26, 2011 (exact time & place to be determined)
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