Category Archives: Remedies and Procedure

Doug Rendleman, ‘The Defamation Injunction Meets the Prior Restraint Doctrine’

ABSTRACT This article maintains that, under defined circumstances, a judge should be able to grant an injunction that forbids the defendant’s proved defamation. It analyzes the common law of defamation, the constitutional prior restraint doctrine, the constitutional protection for defamation that stems from New York Times v Sullivan, and injunctions and their enforcement … (more) […]

‘Dave Hoffman on Hush Contracts’

“In this episode, David A Hoffman, Professor of Law at the University of Pennsylvania Law School, discusses his article ‘Hushing Contracts’, which he co-authored with Erik Lampmann, a student at the University of Pennsylvania Law School, and published in the Washington University Law Review. Hoffman begins by explaining that a ‘hush contract’ is a non-disclosure […]

Francesca Perselli, ‘Beneficiary disputes: Lines v Wilcox

ABSTRACT What is a trustee’s role when there is a dispute to be brought on behalf of the estate which is in the interests of one beneficiary at the expense of another? If the dispute is essentially one between the beneficiaries, can the trustee adopt a neutral position and leave the beneficiaries to litigate between […]

Planet Money tackles litigation financing, champerty’

“One of my long-term favorite podcasts, Planet Money, last week tackled litigation financing. We talk a lot in Torts in law school about America’s runaway transaction costs and how they affect, or impede, civil justice. Litigation financing can seem like manna from heaven when one thinks of tragedy-of-the-commons problems such as climate change. But then […]

Connell and Wilkinson, ‘Remedies when a tenant profits from unlawful sublease on Airbnb: Nice Place Property Management Ltd v Paterson

ABSTRACT In Nice Place Property Management Ltd v Paterson [2018] NZDC 20936, a New Zealand court recently ordered a tenant to pay their landlord the roughly NZ$7,500 profit that the tenant had made while subletting the premises via Airbnb in breach of their lease. The orthodox position is that an account of profit for breach […]

‘Rectifying “Mistaken” Applications of the Mistake Doctrine to Personal Injury Releases’

Grace M Giesel, A New Look at Contract Mistake Doctrine and Personal Injury Releases, 19 Nevada Law Journal 535 (2018). When one enters into a contractual agreement with another, expectations are created on both sides. Party A expects to receive something from Party B, and Party B expects to receive something in return from Party […]

‘Case Law: AAA v Rakoff, Lap dancers denied anonymity in privacy claim’

“In AAA v Rakoff [2019] EWHC 2525 (QB) Mr Justice Nicklin set out the importance of claimants (and their lawyers) setting out a clear and consistent basis for seeking anonymity in civil proceedings. Facts: The First and Second Defendants Dr Sasha Rakoff and Not Buying it Limited (‘NBL’) campaign against sexual entertainment venues (SEVs), commonly […]

Csongor István Nagy, ‘Collective Actions in Europe – A Comparative, Economic and Transsystemic Analysis’

ABSTRACT  This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by […]

‘Out now: Punitive Damages and Private International Law: State of the Art and Future Developments

“The recognition of punitive damages represents a controversial issue in Europe. For many years, due to their conflict with fundamental principles of the lex fori, punitive damages have been found to be in breach of public policy by some European national courts. This has prevented the recognition and enforcement of foreign judgments awarding them, or […]

‘Mass Tort Deals – Chapter 6’

“Wrapping up the Mass Tort Deals series, we have suggestions for possible reforms. (If you want links to the prior reviews, the Mass Torts Litigation Blog has a consolidated list here.) Burch recognizes that getting real reforms here will be a challenge and that we are not likely to simply scrap the existing structure and […]