For those teaching or taking a Remedies course, or who want to understand damages, injunctions, restitution and more, the new edition of my Remedies E&E is now out.
From the book’s description of what’s new for the 4th edition:
- A new discussion of the draft Restatement of the Law Torts (Third): Liability for Economic Harm’s treatment of the economic harm rule
- A new discussion of special emotional distress rules for cases involving high risk of causing such distress, such as mishandling human remains and injuring pets
- A new discussion of emotional distress damages for breach of contract
- A new section discussing of the basis for temporary restraining orders, including the appealability of such orders (which has become a contested issue in challenges to Trump administration executive orders)
- A new section discussing the controversy over the use of nationwide injunctions in highly charged political cases, a trend that has emerged to challenge policies of both the Obama and Trump administrations
- A new discussion of restitutionary claims for constructive trusts involving disproportionate gains, such as lottery winnings, under both the common law and Restatement (Third) of Restitution
- A new section on opportunistic breach of contract in Restitution, including the Supreme Court’s recent endorsement of the section in a 2015 case
- A new section on the relationship between laches and statutes of limitations and new Supreme Court authority on the question
(Also available at Amazon.)