USC Gould Search

Course Descriptions

Course Descriptions

Remedies (Spring 2018)

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

Course Description

 

This course asks the remedies questions first:  You won, now what?  How do you maximize your client’s recovery?  Or, if you lost, how do you minimize your client’s exposure to damages and injunctive relief?  By asking the remedies questions first, this course emphasizes the practical aspects and strategies of 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 a wide variety of modern American 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 useful and important remedies such as quiet title, reformation, equitable and express subrogation, contribution, indemnity, and replevin.  The course will include discussions of 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, imposing constructive trusts, seeking priority in bankruptcy 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.  The course is a mixture of PowerPoint slides, the instructor’s illegible writing on the white boards, and the students’ legal thinking and strategizing.

 

 

 

Course Details

  • Unit Value: 3
  • Grading Options: Numerical or CR/D/F
  • Schedule: M/W 5:00 pm - 6:15 pm
  • Room Number: Room 101
  • Exam: In-class, open-book exam
  • Writing Requirement: No
  • Skills/Experiential Unit Requirement: No
  • Participation: Points will be awarded