Category Archives: Remedies and Procedure

‘Injunctive Relief to Prevent Monetary Damages in Estate Litigation’

“Generally, a party is only entitled to injunctive relief if they can ‘demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages …’ However, the US District Court recently decided that injunctive relief was necessary to preserve monetary assets pending the resolution of the matter …” (more) […]

‘New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45′

“On appeal from: [2020] EWCA Civ 996. The Supreme Court dismissed the appeal. In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they […]

‘Recasting the Corporate Bias of Civil Procedure: A Neoliberal Theory’

Luke Norris, ‘Neoliberal Civil Procedure’, 12 UC Irvine Law Review (forthcoming, 2022), available at SSRN. In discussing federal rulemaking, civil procedure teachers have long pointed out prevailing norms of impartiality and neutrality. But most understand that the promise of neutral rules, as applied, often falls short of these aspirational goals. This realization prompts students to […]

‘Italian Supreme Court rules on recognition and enforcement of a foreign judgment even if preceded by a worldwide freezing injunction’

“In a judgment rendered on 16 September 2021, the Italian Supreme Court (Corte di Cassazione) reversed a decision from the Court of Appeal of Rome, which had denied recognition and enforcement of a monetary judgment issued by the Royal Court of Guernsey, due to a breach of the fundamental rights of defence allegedly occurred in […]

Ruth Sefton-Green, ‘Remedies’

“Examining remedies from a transsystemic viewpoint is no easy undertaking. It involves putting a legal concept under the microscope, one side of which reveals a complex mosaic, whereas the other side appears blank, or missing. How can we cross to the other side and what effect does this have on our original perception? In private […]

Chang and Hubbard, ‘New Empirical Tests for Classic Litigation Selection Models: Evidence from a Low Settlement Environment’

ABSTRACT Law and economics theorists have long advanced theories of litigation and settlement, including the canonical Landes-Posner-Gould (LPG) and Priest and Klein (PK) models. Famously, PK predict that, as settlement rates rise, plaintiff win rates approach 50%. So far, though, empirical testing of these models has been hampered by two major limitations: first, these models […]

Sia, Cornish and Tranter, ‘Fired for Facebook … terminated for Tinder: dismissal for social media misconduct in New Zealand’

ABSTRACT This article reports the findings of a qualitative study of first instance New Zealand employment tribunal decisions concerned with employee dismissal for social media misconduct. There are two main findings. The first relates to the legal approach to employee dismissal for social media misconduct developing in New Zealand. The decisions show New Zealand decision-makers […]

‘The Threat Value of Copyright Law’

Cathay YN Smith, ‘Weaponizing Copyright’ (May 2, 2021), 35 Harvard Journal of Law and Technology (forthcoming, 2021), available at SSRN; ‘Copyright Silencing’, Cathay YN Smith, 106 Cornell Law Review Online 71 (2021). In two related pieces, Professor Cathay YN Smith revisits the issue of plaintiffs using the threat value of copyright law to advance claims […]

Heise and Sherwyn, ‘Sexual Harassment: A Doctrinal Examination of the Law, An Empirical Examination of Employer Liability, and A Question About NDAs – Because Complex Problems Do Not Have Simple Solutions’

ABSTRACT The #MeToo movement casts critical light on the pervasive nature of sexual harassment, particularly in the employment context, and continues to motivate a number of initiatives that address important social and workplace ills. The problems this movement has uncovered, however, run much deeper and likely exceed the scope and capacity of many of the […]

Levin and Robbennolt, ‘To Err is Human, To Apologize is Hard: The Role of Apologies in Lawyer Discipline’

ABSTRACT The lawyer discipline system is often the only recourse for complainants when lawyers misbehave. Yet it is also deeply unsatisfying. Most grievances are dismissed and even when a sanction is imposed, the complainant receives no monetary compensation. Lawyers rarely even apologize for the harm they caused. Yet apologies can repair relationships and trust, decrease […]