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Course Descriptions

Course Descriptions

Remedies (Spring 2017)

  • Course Number: LAW-625
  • Class Number: 03265
  • Instructor: John L Segal

Course Description

This course asks the remedies question first:  Assuming you win, how do you maximize your client’s recovery?  Or, if you lose, how do you minimize your client’s exposure?  By asking the remedies question first, this course emphasizes the practical aspects and strategies of civil litigation, and reviews from a different perspective many of subject matters often covered on the Test-That-Must-Not-Be-Named.  The course will examine the most common forms of remedies, including compensatory and punitive damages, preliminary and permanent injunctions, restitution and unjust enrichment, rescission, declaratory judgments, attorneys’ fees, and pre-judgment interest.  The course will also cover remedies such as quiet title, reformation, equitable and express subrogation, contribution, indemnity, and replevin.  The course will include discussions of recent developments in the law of American remedies, such as the developing federal and state constitutional law of punitive damages under State Farm v. Campbell and its progeny, new applications of the economic loss rule, and lost profits in infringement and other commercial appropriation cases.  In addition, because as the author of the casebook notes, “a money judgment is nothing but a handsome piece of paper suitable for framing,” the course will cover the important practical issues of enforcing money judgments, initiating and prosecuting contempt proceedings, and obtaining writs of attachment and other pre-judgment remedies.  The course will conclude with discussions of equitable and other remedies available to defendants, such as unclean hands, in pari delicto, unconscionability, waiver, estoppel, laches, statutes of limitations, and California’s anti-SLAPP law.  

Course Details

  • Unit Value: 3
  • Grading Options: Numerical or CR/D/F
  • Schedule: Th 5:00 pm - 7:40 pm
  • Room Number: Room 7
  • Exam: In-class exam
  • Writing Requirement: No
  • Skills/Experiential Unit Requirement: No
  • Participation: Points will be awarded