Category Archives: Remedies

New Book from Me: Examples & Explanations for Remedies, Fourth Edition

August 1, 2017, 8:06 amRemediesRick Hasen

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… Continue reading

NYT Dives Deep into Arbitration Killing Consumer Class Actions and More

November 1, 2015, 12:58 pmRemediesRick Hasen

Must read.

The AIG Merits Ruling May Be Bizarre, But the Remedies Portion Makes Great Sense

June 15, 2015, 6:57 pmRemediesRick Hasen

Andrew Ross Sorkin writes in the NY Times about this decision from a federal claims court judge: When the Federal Reserve propped up A.I.G. in September 2008, unlike its approach with most of the big banks, it threw out the… Continue reading

Federal Court to WI Chief Justice Abrahamson: Follow Federal Rules for TROs

April 10, 2015, 7:50 amRemediesRick Hasen

This is somewhat surprising. As I tell my Remedies students, it is well established that under both constitutional law (see Carroll v. Princess Anne) and FRCP 65, one cannot get a temporary restraining order without giving notice to the… Continue reading

That’s How You Bind Probate Judges to Conduct Same Sex Marriages

February 12, 2015, 4:36 pmRemediesRick Hasen

In a post yesterday, I took issue with a small part of an excellent Emily Bazelon story on whether Alabama Chief Justice Roy Moore went to far in saying probate judges were not bound by a federal district court… Continue reading

Would Judge Moore Be on Less Solid Ground in SSM Case if 11th Circuit Involved?

February 11, 2015, 8:15 pmRemediesRick Hasen

Emily Bazelon’s sorta defense of Judge Moore is definitely worth the read. But one aspect of it struck me as wrong, or at least incomplete: Roy Moore is right that on its face, Granade’s order doesn’t require state probate judges… Continue reading

For Remedies Geeks Only

May 19, 2014, 7:09 amRemediesRick Hasen

Important Supreme Court opinion today in Petrella v. Metro-Goldwyn-Mayer, Inc. (the Raging Bull) case on the doctrine of “laches” in copyright law.

Shorter Supreme Court in Child Pornography Case: Congress, Please Override Us

April 23, 2014, 5:34 pmRemedies, statutory interpretation, Supreme Court, TortsRick Hasen

Today the Supreme Court decided a statutory interpretation case, Paroline v. U.S. with no easy answer, an unusual cross-ideological divide among the Justices, an interpretation offered by the majority which Adam Liptak rightfully describes as “a new and vague… Continue reading

“Judge will order a new Macon-Bibb County election in District 2”

November 27, 2013, 7:30 amelection administration, recounts, RemediesRick Hasen

The Telegraph: “The District 2 race was by far the closest of the nine commission races. Schlesinger won by just 26 votes. But Ficklin’s research turned up more than enough voters who were in the wrong district to cast… Continue reading

Thoughts on Supreme Court’s Abortion Order and Changing the Status Quo

November 19, 2013, 3:29 pmRemedies, Supreme CourtRick Hasen

This afternoon, the Supreme Court on a 5-4 vote refused to overturn a temporary order of the United States Court of Appeals for the Fifth Circuit staying a federal district court order putting on hold a provision of a new… Continue reading

Fred Woocher Goes Quo Warranto Against Moreno Valley City Council Replacement

November 8, 2013, 7:33 pmRemediesRick Hasen

I love it: arcane Election Law meets arcane Remedies law.

Hey Remedies Fans: Laches Case Coming to Supreme Court in “Raging Bull” Copyright Dispute

October 1, 2013, 8:22 amRemediesRick Hasen

Should be interesting.

“Judge dismisses charges against GOP election chief”

May 24, 2013, 7:40 amelection administration, Remedies, The Voting WarsRick Hasen

This is a new one for me: A state Supreme Court justice in Westchester County has dismissed a charge of contempt that had been leveled against the Republican commissioner of the Dutchess County Board of Elections by his Democratic… Continue reading

Would Torts Plaintiffs Lawyers Secretly Hope for SCOTUS to Strike Down Section 5 of Voting Rights Act?

February 27, 2013, 2:46 pmRemedies, Supreme Court, Torts, Voting Rights ActRick Hasen

A longtime ELB reader writes: I don’t know if anyone has written about this, but the PI plaintiffs’ bar might be secretly rooting for the Supreme Court to strike down section 5. In California and in other states, plaintiffs have… Continue reading