Law Commons^™

The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell

Washington and Lee Law Review

In recent years, increasing public and media attention has focused on hazing, especially in collegiate fraternities and sororities. Whether it is because of the deaths, major injuries, or litigation, both criminal and civil, collegiate fraternities and sororities have received increased scrutiny. In this Article, we explore a range of tactical considerations that lawyers must consider—from defenses to evidentiary concerns. We also explore how damages are contemplated in the context of hazing litigation.

Enforcement Of The Americans With Disabilities Act: Remedying “Abusive” Litigation While Strengthening Disability Rights, Evelyn Clark

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the Americans with Disabilities Act and the private litigation used to enforce compliance. While the ADA was designed to be enforced by private citizens, many have called for reform to limit what they see as “abusive” litigants. This Note focuses on (1) the perceived problem of vexatious litigants abusing the ADA and its state counterparts to benefit monetarily, (2) the attempted solutions on both a state and federal level, and (3) recommended solutions that focus on protecting the rights of individuals with disabilities while limiting abusive litigation meant to extort businesses.

Adopting Civil Damages: Wrongful Family Separation In Adoption, Malinda L. Seymore

Washington and Lee Law Review

The Trump Administration’s new immigration policy of family separation at the U.S./Mexico border rocked the summer of 2018. Yet family separation is the prerequisite to every legal adoption. The circumstances are different, of course. In legal adoption, the biological parents are provided with all the constitutional protections required in involuntary termination of parental rights, or they have voluntarily consented to family separation. But what happens when that family separation is wrongful, when the birth mother’s consent is not voluntary, or when the birth father’s wishes to parent are ignored? In theory, the child can be returned to the birth parents …

Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen

Scholarly Articles

Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing.

Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.”

Statutory minimum recoveries for defendants’ violations of plaintiffs’ individual rights without proof …

Brief Amicus Curiae Of Intellectual Property Professors In Support Of Neither Party: Halo Elecs. Inc. V. Pulse Elecs. Inc. And Stryker Corp. V. Zimmer, Inc., Christopher B. Seaman, Jason Rantanen

Scholarly Articles

This amicus brief was filed on behalf of several intellectual property law professors in Halo v. Pulse and Stryker v. Zimmer regarding the appropriate standard for enhancing (increasing) damages under section 284 of the Patent Act, 35 U.S.C. § 284. It advances three primary arguments. First, it asserts that in light of the history of the statutory text and judicial precedent, willful infringement is the appropriate standard (and thus the only valid basis) for awarding enhanced damages under § 284. Second, it contends that Federal Circuit’s two-part, objective/subjective test for determining willfulness articulated in In re Seagate Technology, LLC, …

Remedies: A Guide For The Perplexed, Doug Rendleman

Scholarly Articles

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …

Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock

Scholarly Articles

Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …

Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman

Scholarly Articles

Determining damages for infringement is one of the most important and controversial issues in contemporary patent litigation. The current fifteen-factor Georgia-Pacific standard for determining a reasonable royalty has become increasingly difficult for juries to apply in patent disputes involving complex, high-technology products, resulting in unpredictable damage awards that tend to overcompensate patentees.

This Article proposes an alternative standard to Georgia-Pacific when an acceptable noninfringing substitute exists for the patented technology. Specifically, in a hypothetical bargain for a patent license, both economic and negotiation theory explain that a rational patent licensor would agree to pay only the costs it would incur …

After Enron: Remembering Loyalty Discourse In Corporate Law, Lyman P.Q. Johnson

Scholarly Articles

The demise of monetary damages as a remedy for breach of the corporate director duty of due care means that only a breach of the duty of loyalty or good faith affords the possibility of holding corporate directors personally liable for wrongdoing. The author argues that the fiduciary duty of loyalty contains both a widely appreciated, but rather minimal, "non-betrayal" aspect and a less appreciated, but more affirmative, "devotion" dimension. The affirmative. thrust of loyalty, grounded in widely-shared cultural norms and finding expression in myriad literary and religious stories, offers a doctrinal avenue for addressing a potentially broader range of …

Closing The Massachusetts Mutual V. Russell Gap: Monetary Damage Awards Under Erisa Section 502(A)(3)

Washington and Lee Law Review

No abstract provided.

Tort Liability For The Transmission Of Theaids Virus: Damages For Fear Of Aidsand Prospective Aids, John Patrick Darby

Washington and Lee Law Review

No abstract provided.

Hedonic Damages In Section 1983 Actions: A Remedy For The Unconstitutional Deprivation Of Life

Washington and Lee Law Review

No abstract provided.

The Role Of Treble Damages In Legislative And Judicial Attempts To Deter Insider Trading

Washington and Lee Law Review

No abstract provided.

A Day Of Reckoning Is Near: Rico, Treble Damages, And Securities Fraud

Washington and Lee Law Review

No abstract provided.

Income Taxation And The Calculation Of Tort Damage Awards: The Ramifications Of Norfolk & Western Railway V. Liepelt

Washington and Lee Law Review

No abstract provided.

Nevada V. Hall, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Potshots At The Stork: Toward A Consistent Justification Of Recovery For Wrongful Birth Claims

Washington and Lee Law Review

No abstract provided.

Reconciling Comparative Negligence, Contribution, And Joint And Several Liability

Washington and Lee Law Review

No abstract provided.

Apportioning Maritime Collision Damages: Applying The Rule Of Reliable Transfer

Washington and Lee Law Review

No abstract provided.

Alternatives To The Medical Malpractice Phenomenon: Damage Limitations, Malpractice Review Panels And Countersuits

Washington and Lee Law Review

No abstract provided.

Maximizing Passenger Recovery Under The Warsaw Convention: Articles 17 And 22

Washington and Lee Law Review

No abstract provided.

Albemarle Paper Co. V. Moody, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Monetary Recovery As Preventive Reliefin Fair Housing Actions By The Attorneygeneral, David Samuel De Jong

Washington and Lee Law Review

No abstract provided.

Punitive Damages For Wrongful Dishonor Of A Check

Washington and Lee Law Review

No abstract provided.

Usual Baggage: An Exception To The Carrier's Right To Limit Liability

Washington and Lee Law Review

No abstract provided.

Special Damages Requirement For Libel Per Quod

Washington and Lee Law Review

No abstract provided.

Exemplary Damages And Joint Tortfeasors The

Washington and Lee Law Review

No abstract provided.

Measure Of Damages For Wrongful Death Of A Minor Child

Washington and Lee Law Review

No abstract provided.

The Cautionary Instruction On Income Taxes In Negligence Actions, Norman C. Roettger

Washington and Lee Law Review

No abstract provided.

Relevancy Of Character Evidence On Damages For Wrongful Death

Washington and Lee Law Review

No abstract provided.