The course surveys principal remedies in law and equity: injunctions, equitable defenses, and enforcement of equitable decrees (civil and criminal contempt), restitution - unjust enrichment, constructive trusts, equitable liens and subrogation, damages in contract and tort and limitations on recovery such as avoidable consequences, causation, foreseeability, and certainty.
The equitable remedies segment focuses on the history of courts efforts to desegregate public schools beginning in 1954 with Brown v. Board of Education which compelled states to dismantle the racially segregated school systems with “all deliberate speed” through Parents Involved v. Seattle (2007) which barred voluntary school integration plans except as a remedy for past conscious racial discrimination.
The segment on compensatory damages examines 10(b)(5) securities class actions, mass tort claims for economic loss due to the BP Gulf oil spill, and the mass tort settlement with Johnson & Johnson of personal injury claims by persons who received defective DePuy ASR metal hip implants.
This course has a term paper option and may be used to satisfy the Writing Requirement.
Required casebook: Remedies, Cases, Practical Problems, and Exercises, 2d Edition, by Randall Weaver, et al, West Publishing Co.
Syllabi and materials may be found at http://tortstoday.blogspot.com/.