Remedies - Tuesdays and Thursdays - 2:00 - 3:25 Room 3-09
Principles of Remedies Law - Russell L. Weaver and Michael B. Kelly
What is law?
Benjamin Cardozo in The Nature of the Judicial Process :
A judge “legislates only between gaps. He fills the open spaces in the law. . . [R]estrictions . . . are established by the traditions of the centuries, by the example of other judges, his predecessors, and his colleagues, by the collective judgment of the profession, and by the duty of adherence to the pervading spirit of the law.”
Article III, Constitution of the United States
Week 1
Thursday, January 16
Read PRINCIPLES - Chapter 1 - Overview - Introduction (pages 1-5)
Opening lecture
WEEK 2
Tuesday, January 21, 2025
- Clause 8 Presidential Oath of Office
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:– I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
Constitution of the United States of America
ARTICLE II, Section 3
[The President] shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 1 Function and Selection
What would Alexander Hamilton say to John Roberts about Trump v. U.S. - the majority ruling that even a former President is in some respects absolutely immune from prosecution? Would Justice Cardozo find that to be an appropriate example of "adherence to the pervading spirit of the law"?
Alexander Hamilton, Federalist No. 69
The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law. The person of the king of Great Britain is sacred and inviolable; there is no constitutional tribunal to which he is amenable; no punishment to which he can be subjected without involving the crisis of a national revolution.
John Roberts, C.J., Trump v. United States (2024)
We conclude that under our constitutional structure of separated powers, the nature of Presidential power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office. At least with respect to the President’s exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity. At the current stage of proceedings in this case, however, we need not and do not decide whether that immunity must be absolute, or instead whether a presumptive immunity is sufficient.
Associate Justice Sonia Sotomayor, with whom Justice Kagan and Justice Jackson join, dissenting in Trump v. U.S. :
Today's decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law. Relying on little more than its own misguided wisdom about the need for “bold and unhesitating action” by the President, ante, **, the Court gives former President Trump all the immunity he asked for and more. Because our Constitution does not shield a former President from answering for criminal and treasonous acts, I dissent.
Associate Ketanji Brown Jackson dissenting in Trump v. U.S.A.:
"To say that someone is im mune from criminal prosecution is to say that, like a King, he “is not under the coercive power of the law,” which “will not suppose him capable of committing a folly, much less a crime.” 4 Blackstone *33. Thus, being immune is not like having a defense under the law. Rather, it means that the law does not apply to the immunized person in the frst place. Conferring immunity therefore “create[s] a privileged class free from liability for wrongs inficted or injuries threat ened.” Hopkins, 221 U. S., at 643."
***
The boldness of the majority opinion may be seen in two amicus briefs filed in the Supreme Court. See the Docket of Case # 23-939 Trump v. United States of America
The first brief- by former Senator John Danforth, former 9th Circuit Judge J. Michael Luttig, et alii argues: A PRESIDENT WHO VIOLATES FEDERAL CRIMINAL STATUTES TO TRY TO STAY BEYOND HIS TERM IS ATTEMPTING TO VIOLATE THE EXECUTIVE VESTING CLAUSE AND THE TWENTIETH AMENDMENT.
A second brief on behalf of Retired Four Star Generals and Admirals , and Former Secretaries of the U.S. Army, Navy and Air Force argues: I Petitioner’s claimed immunity would undermine our nation’s foundational commitment to civilian control of the military II. Petitioner’s claimed immunity wouldundermine the military’s adherence to the rule of law and thus its orderly functioning and public trust III. Petitioner’s claimed immunity, by implicating the peaceful transition of power in particular, threatens national security.
Joe Biden, January 15, 2025:
“We need to amend the Constitution to make clear that no president, no president is immune from crimes that he or she commits while in office”.
Special Counsel Jack Smith has filed his final report. He concludes:
"As set forth in the original and superseding indictments, when it became clear that Mr. Trump had lost the election and that lawful means of challenging the election results had failed, he resorted to a series of criminal efforts to retain power. "
Transcript - Trump sentencing hearing - NY - January 10, 2025
Judge Merchan entered judgment on the verdict of a New York Supreme Court jury which pronounced the President-elect guilty of 51 counts of falsifying business records.
Tuesday, February 4, 2025
****
Read PRINCIPLES Chapter 2 - Equity and Equitable Remedies (pages 7-15) SLIDES - intro to equity
The Law Courts and the Chancery Courts –
How should Judges decide: Precedent, Equity, and the Common law; the Common Good and the public interest.
Arc of Justice? Magna Carta to 1868.
Is any element of the 1689 Bill of Rights relevant to an assessment of the wave of Trump Executive Orders, and the turmoil at Department of Justice and U.S. AID - the Agency for International Development?
Justice vs. Positive Law
Somerset’s case – speech of Lord
Mansfield at 510
Fugitive
Slave Clause
– 1789
Prigg v. Pennsylvania, 41 U.S. 539 (1842)
"The clause in the Constitution of the United States, relating to fugitives from labour, manifestly contemplates the existence of a positive, unqualified right, on the part of the owner of the slave, which no state law or regulation can in any way qualify, regulate, control, or restrain."
Slides – magna carta to Emancipation in the U.S.
Resource page – Slavery,
Natural law, and positive law
The Administrative State Under Siege?
*SLIDES - Review under the Administrative Procedure Act
W.E.B DuBois – The
Freedmen’s Bureau – The Atlantic, 1901
* Judicial review under the Administrative
Procedure Act
[N.B.: 5 USC 552, 553, 702-706, 802]
SLIDES - Quis custodiet custodes? Who watches the watchmen?
SLIDES Dellinger, Special Counsel v. Bessent, Sec'y of commerce
NPC Observer - blog
| Wed, Feb 12, 7:17 PM (21 hours ago) |  | ||
| ||||
In the case of review of any action of the Administrator to which this subsection applies, the court may reverse any such action found to be—(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;(B) contrary to constitutional right, power, privilege, or immunity;(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; or(D) without observance of procedure required by law, if (i) such failure to observe such procedure is arbitrary or capricious
This action seeks declaratory and injunctive relief and vacatur under the Administrative Procedure Act (“APA”) with respect to the Office of Management and Budget’s January 27, 2025, Directive for Heads of Executive Departments and Agencies (M-25-13), with the subject, “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs”
TEMPORARY RESTRAINING ORDER
The legal standard for a Temporary Restraining Order (“TRO”) mirrors that of a preliminary injunction. The Plaintiff States must show that weighing these four factors favors granting a TRO:
- 1. likelihood of success on the merits;
- 2. potential for irreparable injury;
- 3. balance of the relevant equities; and
- 4. effect on the public interest if the Court grants or denies the TRO.
State of NY v. Trump docket
The Trump Executive Orders - Radical Constitutionalism?
- By Bob Bauer and Jack Goldsmith
* Vermeule & Sunstein: The Structure of the Modern State is Under Attack NY Times 2020
*FCC v. Consumer Research: Scotusblog - Supreme Court agrees to review FCC subsidies under non-delegation doctrine -
*Public Citizen - amicus brief
SCOTUS Docket for FCC v. Consumer Research
Opinion below - 5th Circuit holds that in the the Telecommunications Act of 1996 Congress delegation to FCC of power to assess fees to establish universal phone service is an unconstitutional tax which violates * Article 1, S. 1 of the Constitution by the delegation to private carriers and the FCC the Universal Service Fund fee added to cell phone bills
BACKGROUND:
Review: Sunstein
and Vermeule - Law & Leviathan
EXECUTIVE ORDERS and other PRESIDENTIAL ACTIONS
Over a dozen DOJ Prosecutors discharged
Deep background:
Context - Congressional Research Service –
`Major
Questions Doctrine’
[April 2022]
The Major Questions Doctrine (November 2022)
The Major Questions Quartet – Mila
Sohoni, 136 Harvard L. Rev. 262
Tuesday, February 18
The death of Chevron deference – is it a harpoon in the heart of the administrative state?
*SLIDES APA Review, Spring 2025
*Chevron
U.S.A., Inc. v. NRDC, 467
U.S. 837 (1984)
Congressional Research Service *Judicial review under
the Administrative
Procedure Act
David French: *Overturning Chevron will Rebalance the
Constitutional Order
NRDC:* TheSupreme Court Ends Chevron Deference: What Now?
Loper Bright v. Raimondo [*read Syllabus, Kagan dissent]
*Josh Chafetz – Congress in a post-Chevron
world - TESTIMONY
*Adrian Vermeule - LoperBright Delegation Replaces Chevron Delegation
Background - Loper Bright Amicus briefs
* Amicus Brief -Natural Resources Defense Council - in support of respondents
Professor Thomas Merrill - amicus brief in support of neither party
AFL-CIO - Amicus Brief
Senator Ted Cruz, Speaker Mike
Johnson and 34 other M.C.'s in support of petitioners - Amicus Brief
Thursday,
February 20, 2025
The New Abortion
Battleground-After the death of Roe v. Wade
SLIDES - abortion rights
-Dobbs
v. Jackson Women's Health 19-1392 [2022]
Texas judge enjoins and fines NY doctor $100K for providing abortion pills to Texas woman - February 13, 2015
Dr. Karen Carpenter also indicted in Louisiana.
Is this what leaving it up to the states means?
Gov. Kathy Hochul says she will not allow Dr. Carpenter to be extradited. Does NY have that right?
Office of Legal
Counsel – *The
Comstock Act – Application to Mailing of Prescription Abortifacient Drugs
*Republican
Legislators Reply to OLC, January 2023
Vermeule and Casey – *Comstock
Act Bars Mailing of Mifepristone (blogpost)
Tuesday, February 25
Declaratory Judgment Actions
Weaver, Remedies Law, Chapter 8, pp. 157-164
NY CPLR 3001 Declaratory Judgments
Uniform Declaratory Judgment Act
Thursday, February 27
Restitution and Unjust
Enrichment
Read: Weaver, Principles - Ch.
7 Restitution, pp 133-155
General principles, defenses,
measuring the enrichment, Special Restitutionary Remedies–Constructive trusts,
equitable liens, subrogation, and statutory liens.
SLIDES - Part 2 - Special Resitutionary Remedies
Restitution - read Weaver - Ch. 7, pp. 133-155
Tuesday March 4 and Thursday March 6
ENFORCEMENT OF EQUITABLE REMEDIES
Read Weaver,
Principles - Chapter 3 - Contempt
Enforcement
of Equitable Remedies: Civil and criminal contempt of court; jury trial,
procedural requirements, collateral challenges to injunctions
SLIDES - Contempt - part 1
Thursday, March 5, 2025
SLIDES - Duty to Obey - Collateral Bar
Walker v. Birmingham, 388 U.S. 307 (1967)
[Syllabus and Warren dissent)
A criminal defendant can assert the unconstitutionality of the law under which he/she is charged.
But one charged with criminal contempt cannot raise that defense in a criminal contempt proceeding. He/she must obey the order, challenge the constitutionality of the the injunction in the court which issued the order - and appeal that denial.
Does the collateral bar rule protect people from abusive use of injunctions?
Is it needed to preserve order?
Were Martin Luther King, and Rev. Wyatt T. Walker justly jailed for contempt of the Alabama court's injunction? If not - why not?
Background/ Context:
Alabama 1963 - TV news report
Watch M.L. King, Jr. on Meet the Press (1965) discussing civil disobedience
Congressional Research Service - Congressional Contempt Power (2017)
Video: Segregation at all costs - Bull Connor and Birmingham, AL
Nina Simone - Mississippi Goddam
M.L. King Letter from a Birmingham Jail
*NPR 50 years after Letter from a Birmingham Jail
Tuesday March 11
Weaver
Chapter 4 -Injunctions and Declaratory Judgments; standards for issuance,
Persons bound, Notice, Temporary Restraining Orders, Preliminary Injunctions,
Bonds.
Federal
Rules of Civil Procedure Rule 65
Norris LaGuardia Act [1932]
Blogpost: thoughts after classroom discussion of Debs
Thursday, March 13
Injunctions –
abuses and limits
The Pullman Strike – Melvin Urofsky - Brittanica
AFL-CIO - Biden
is first President to walk a strike picket
line
National
Labor Relations Act, 9 USC 151, et seq.
U.S.A. v. PATCO 524 F. Supp 160 (1981), 678 F. 2d 1 (1982) - 1st Circuit
U.S. v.
United Mineworkers, 330 U.S. 258 (1947)
Neither the Norris-LaGuardia Act, 47 Stat. 70, nor § 20 of the Clayton Act, 38 Stat. 738, deprives a federal district court of jurisdiction to issue a restraining order and preliminary injunction in a suit by the Government to prevent a union and its officers from precipitating a nationwide strike in the bituminous coal mines pending judicial interpretation of a labor contract between the Government and the union, at a time when the mines are being operated by the Government during a national emergency pursuant to an executive order issued by the President under his constitutional authority as President and as Commander in Chief of the Army and Navy and authority conferred upon him by the War Labor Disputes Act, 57 Stat. 163.
Are we in such a moment because the President has declared a "national energy emergency"? What does such an emergency allow?
AIDS Vaccine Advocacy v. U.S. Department of State - D.D.C. Civ Action NO. 25-00400
The national injunctions debate
Multiple Chancellors: Reforming the National Injunction
66 Pages Posted: 5 Nov 2016 Last revised: 10 Dec 2017
Samuel L. Bray IN DEFENSE OF NATIONWIDE INJUNCTIONS
November, 2018 93 N.Y.U.L. Rev. 1067 *
Amanda
Frost*
Tuesday March 25 and Thursday March 27
Abraham Lincoln, Second Inaugural Address - 1865
160 years after the defeat of the Confederate States of America, and passage of the 13th Amendment, and 60 years after passage of the Civil Rights Act of 1964 should consideration of race end? Or not?
SLIDES - Something's happening here - Proclamation re Venezuelans, and Attacks on Universities
Background on discrimination by colleges and universities
Justice William Brennan wrote in the Bakke case: "our review under the Fourteenth Amendment should be strict—not ‘strict in theory and fatal in fact,’ because it is stigma that causes fatality—but strict and searching nonetheless".
Sandra Day O'Connor for the majority in Grutter v. Bollinger, 539 U.S. 306 [2003]
I believe that the Law School's program fails strict scrutiny because it is devoid of any reasonably precise time limit on the Law School's use of race in admissions. We have emphasized that we will consider "the planned duration of the remedy" in determining whether a race-conscious program is constitutional. Fullilove, 448 U. S., at 510 (Powell, J., concurring)
[T]he [University of Michigan] Law School defines its critical mass concept by reference to the substantial, important, and laudable educational benefits that diversity is designed to produce, including cross-racial understanding and the breaking down of racial stereotypes. The Law School's claim is further bolstered by numerous expert studies and reports showing that such diversity promotes learning outcomes and better prepares students for an increasingly diverse work force, for society, and for the legal profession.
In the Seattle schools case Alex Kozinski - then on the 9th Circuit - proposed “robust and realistic rational basis review . . . where the courts consider the actual reasons for the plan in light of the real-world circumstances that gave rise to it."
Chief Justice
Statement of then Columbia President Lee Bollinger on affirmative action (2022)
It would be calamitous for universities and for the ideals embodied in the Constitution, if the Court were to repudiate the moral imperatives of our nation’s history and renounce the relationship between educational access and racial justice prevailing since Brown v. Board of Education changed the country more than six decades ago. Broad public awareness of the unrelenting impact of racism demands a recommitment to affirmative action, not its abandonment.
Students for Fair Admissions v. Harvard -
"Twenty years have passed since Grutter [v. Bollinger], with no end to race-based college admissions in sight. But the Court has permitted race-based college admissions only within the confines of narrow restrictions: such admissions programs must comply with strict scrutiny, may never use race as a stereotype or negative, and must—at some point—end. Respondents’ admissions systems fail each of these criteria and must therefore be invalidated under the Equal Protection Clause of the Fourteenth Amendment."
- Syllabus by Clerk, Supreme Court
U.S. Conference of Catholic Bishops - Option for the Poor and Vulnerable.]
See also Justice and Peace Commission - Malta
Resource: See blogpost: Attacks on Universities, ABA Section on Legal Education, etc.
Attorney General Pam Bondi: "At a minimum, accreditation standards that require a "commitment to diversity" encourage compliance through unlawful means. "
In light of U.S. history how should Fordham respond to the demands of Attorney General Pam Bondi addressed to the American Bar Association section on Legal Education? To Georgetown Law Dean Treanor by Ed Martin, U.S. Attorney for the District of Columbia?
Should - if pressed - Fordham or Georgetown comply with Trump's demands to end "illegal DEI" policies as the January 21 Executive Order demands, and with which Trump asserts Paul Weiss has complied? Paul Weiss continues to claim a "culture of inclusion" but in an email the firm chairman said the firm "would not survive" if they had chosen to fight as did the firm Perkins Coie which filed a law suit. Which firm did the right thing by their own intersts, their clients, the law, and the profession?
Fordham 2025 Self-Study Report:
Institutional priority 3 – Community and Institutional Belonging
Cultivate a diverse, equitable, inclusive, caring, and connected community that fosters institutional belonging among students, staff, and factulty.
· Consider ways Fordham can more fully adopt and effectively integrate an approach to Catholic and Jesuit mission formation that is clearly articulated and communicated to every member of the University community from recruitment through orientation and throughout Fordhamites lives. )Standard 1)
· Continue building on gains in diversifying the University’s student body, faculty, administration, and staff, especially in ways that further enrich student life and learning (Standard II)
Do the above commitments by Fordham violate the spirit of the January 21 Executive Order above?
Fordham discounts tuition for some based on work or zip code. Is that OK under SFFA as the Executive Order presents it?
Department of Justice Attack on Georgetown Law School over "DEI". Letter of U.S. Attorney Edward Martin to Georgetown Dean William Treanor, 2/17/25:
It has come to my attention reliably that Georgetown Law School continues to teach and promote DEI. This is unacceptable. I hve begun an inquiry into this and would welcome you response to the following questions:
First, have you eliminated all DEI from your school and its curriculum?
Second, if DEI is found in your courses or teaching in anyway, will you move swiftly to remove it?
At this time, you should know that no applicant for our fellows program, our summer internship, or employment in our office who is a student or affiliated with a law school or university that continues to teach and utilize DEI will be considered.
Georgetown Dean Treanor response to DOJ We will adhere to our Jesuit and Catholic mission. [See. e.g. Review of Rachel Swarns The 272 {Georgetown's 1840 slave sale and recent commitment to reparation.}
David French - NY Times Op-Ed: The MAGA culture war comes for Georgetown Law
Dahlia Lithwick - Treanor's Exemplary Response to Bondi
Margaret Sullivan - Why we all suffer when powerful institutons yield to Trump's bullying
In the Bob Jones University, 461 US 574 (1982) the Supreme Court found that
Bob Jones University was dedicated to "fundamentalist Christian beliefs" which included prohibitions against interracial dating and marriage. Such behavior would lead to expulsion. In 1970, the Internal Revenue Service (IRS) changed its formal policy to adopt a district court decision that prohibited the IRS from giving tax-exempt status to private schools engaging in racial discrimination. The IRS believed that the University's policies amounted to racism and revoked its tax-exempt status. The University claimed that the IRS had abridged its religious liberty.
Whatever may be the rationale for such private schools' policies, and however sincere the rationale may be, racial discrimination in education is contrary to public policy. Racially discriminatory educational institutions cannot be viewed as conferring a public benefit within the "charitable" concept discussed earlier, or within the congressional intent underlying [Internal Revenue Code] § 170 and § 501(c)(3).
Does Treanor's reliance on "Jesuit and Catholic" values differ from the position of Bob Jones University?
The FAIR Act would create an exemption for the descendants of the GU272, a group of 272 people enslaved by Maryland’s Jesuit priests who were sold in 1838 to save Georgetown when it was on the cusp of financial disaster. Do you support either or both those measures?
Thursday March 27 [tentative] - Begin discussion of school integration - continue on Tuesday April 1
SLIDES - School integration - Founding to Brown
Structural
injunctions, Public School Integration – rise and fall; Reparations; the Death
of Affirmative Action]
Integration
and Desegregation of Public Schools
Plessy
v. Ferguson [1896
Brown
v. Board of Education II, 349
U.S. 294 (1955)
Justice Bradley to
U.S. District Judge Woods (1871)
SLIDES -
Prologue to Brown
SLIDES Introduction to Integration, part 1 -START at Slide 26
Thursday, April 3, 2025
A
decade after Brown = a stone wall
SLIDES - The
Founding to the Second Founding to American Apartheid
SLIDES U.S. v. Jefferson
County
Video: Boston busing crisis
*U.S. v. Jefferson County Bd of Ed., 372 F. 2d 836 (5th Cir. 1966)
*Griffin Bell - DISSENT in
Jefferson County
*1961
- Executive Order
10925 -
Affirmative action - John F. Kennedy
Title IV
Desegregation of Public Education Civil Rights Act of 1964
Tuesday, April 8
SLIDES - Brown to New Kent County
SLIDES - Swann v. Charlotte
SLIDES - Detroit and Kansas City
"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race"
We have emphasized that the harm being remedied by mandatory desegregation plans is the harm that is traceable to segregation, and that “the Constitution is not violated by racial imbalance in the schools, without more.” Milliken v. Bradley, 433 U. S. 267, 280, n. 14 (1977). See also Freeman, supra, at 495–496; Dowell, 498 U. S., at 248; Milliken v. Bradley, 418 U. S. 717, 746 (1974). Once Jefferson County achieved unitary status, it had remedied the constitutional wrong that allowed race-based assignments. Any continued use of race must be justified on some other basis.
Stephen
Breyer – dissent in Parents Involved v, Seattle
Richard
Rothstein Debunking the Modern Myth of
Residential Segregation
Thursday, April 10
Weaver-
Principles of Remedies Law - Chapter 3 - Contempt, pages
31 -55
SLIDES -
Introduction to Contempt of Court
18 U.S.C. 401 Power
of Court
Contempt
of Congress 2 U.S.C. §§192 - 194 Refusal
of witness to testify or produce papers
Gompers
v. Buck Stove & Range, 221 U.S. 418 (1911)
United Mineworkers of America v. Bagwell, 512
U.S. 821 (1994) [read syllabus]
The
"Smith Act", 18 U.S.C. 2385 -
Advocating Overthrow of Government - f/k/a Alien Registration Act
Yates v. United
States, (1957)
*Read
blogpost: Strategies of
Judicial Aggrandizement – Josh Chafetz
Tuesday APRIL 15 -Have courts been effective in restraining the Trump administration?
Thursday APRIL 17
Compensatory Damages
*Seventh
Amendment - Constitution of the United States
In
Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury, shall be otherwise re-examined in any Court of the United States, than
according to the rules of the common law.
*Read
Weaver, Remedies, Chapter 9, DAMAGES
Remedies
- Restatement 3rd, PD 2 App. A
Compensatory Damages
*Remedies
- Restatement 3rd - Appendix B -
PD 5
Remedies
- 3rd Restatement - PD 5 - 2024 - full
text
Restatement
3rd - Torts - Defamation and
privacy - TD 3 2023
Defamation and
Privacy TD 3 Black Letter
Compensation or punishment??
* The Texas J&J
hip implant verdicts
* Federal
Rules of Evidence
703 Bases of an Expert Opinion
704 Opinion on an Ultimate Issue
*Forensic
economist report
Economic loss -
Daniel Jones - death
Deep
background
McCormick
- Science, Experts and the Courts, 29 Texas L Rev. 611
(1941)
Joseph
Page, Pound, Belli and the Personal Injury Bar, 26 T.M. Cooley L.
Rev. 637-679 (2009)
69 Rutgers U.
L. Rev. 1139 (2017)
Vioxx
drug cases - NJ vs. Texas
Mark
Lanier - you tube - search "mark lanier harvard tort war stories
"
(See Lanier #6 the Vioxx
cases)
McDarby v. Merck,
NJAD , 401 N.J. Super. 10 (2008)
Attorney
advertising- Carborundum claims
Instructing
the jury
*SLIDES -
Cause in Fact - Proximate Cause
Comparative
Fault - NJ Model Civil
Charge 7.31
California Civil
Jury Instructions - Judicial /Council of California
Damages
3900, et seq.
Excerpted 3900-3933 Black
Letter only
NJ Model Civil Jury
Charges (Damages - Chapters 6,7,8)
|
Damages - General |
|||
|
Damages — Effect of Instruction — Personal Injury Case Verdict Sheet |
|||
|
Medical Expenses (Non Auto) |
|||
|
Duty To Mitigate Damages By Medical And Surgical Treatment |
|||
|
Loss of Earnings |
|||
NJ Charge 8.11E -
pain and suffering
NY Pattern Jury
Instructions (Damages
- selected) PJI 2277 to 2320
Scope of
liability/proximate cause - Restatement 3rd, NJ, NY
Mass tort remedies –
Judicial
Panel on Multi-District Litigation - 2022 Report
8 USC 1407 MDL
MDLs
– Personal injuries and product liability claims
Occupational
disease and third-party asbestos product liability claims
Schedule of
disabilities - NJ Workers Compensation Act
Johnson
& Johnson hip implant cases- the structured settlement grid
MASS
TORT SETTLEMENTS
Mass
Tort History - SLIDES
SLIDES -
DePuy/ASR Hip Implant Settlement
SLIDES Ground Zero
worksite tort claims
BACKGROUND
Before Black Lung
the Hawks Nest Tunnel Disaster Killed Hundreds - NPR, January
20, 2019 7 minutes
Deadly Dust: Occupational Health and
Safety as a Driving Force in Workers’ Compensation Law and the Development of
Tort Doctrine and Practice , 69 Rutgers U. L. Rev. 1139
(2017)
BY
George W. Conk
Alvin
K. Hellerstein, D.J., Aaron Twerski, and James Henderson, MANAGERIAL JUDGING:
THE 9/11 RESPONDERS' TORT LITIGATION (2012)
WTC
Disaster - Lung Function After 7 years - Video
Billions
for mass torts - Litigation Finance - video
Judge
Hellerstein - Statement re WTC
Cleanup Settlement
Judicial
Panel on Multi-District Litigation - 2022 Report
8 USC 1407 MDL
*
Aggregate Settlements - SLIDES
THE
FEDERAL ASBESTOS PRODUCT LIABLITY MULTIDISTRICT LITIGATION (MDL-875): BLACK
HOLE OR NEW PARADIGM?
Hon.
Eduardo C. Robreno, 23 Widener L. J. 97 (2013)
* MDL 875 - Slide show Judge
Edward Robreno - EDPA (2016)
Environmental Disaster Class Actions – the BP
Gulf of Mexico Oil spill
4
Environmental
Disaster Class Actions – the BP Gulf of Mexico Oil spill
No comments:
Post a Comment