Congress enacts a copyright statute that expressly authorizes private damages suits against states for infringement. The statute relies only on Congress's Article I intellectual-property power. A state university is sued...
Citations: https://supreme.justia.com/cases/federal/us/589/18-877/
A Delaware statute authorizes individual statutory damages but says those damages may not be recovered in a class action. A diversity plaintiff in federal court satisfies Rule 23 and seeks class certification. What is th...
Citations: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., Fed. R. Civ. P. 23
A federal consumer statute creates a private damages claim and does not make federal jurisdiction exclusive. Delaware superior courts hear comparable state consumer claims, but a state statute directs those courts to dis...
Citations: https://constitution.congress.gov/browse/essay/artVI-C2-1/ALDE_00013395/, https://supreme.justia.com/cases/federal/us/496/356/
A federal statute says, "States shall be liable for damages in federal court." Congress enacted the statute solely under its Article I commerce power. A private plaintiff sues a state agency for damages. Which statement...
Citations: https://constitution.congress.gov/browse/essay/amdt11-6-2/ALDE_00013683/
A jury awards $10,000 in compensatory damages and $5 million in punitive damages. The defendant argues that the punitive award is grossly excessive under due process. Which due process guideposts should the court use? Th...
Citations: https://supreme.justia.com/cases/federal/us/517/559/, https://supreme.justia.com/cases/federal/us/538/408/
A President is sued for damages based on two sets of conduct: firing a federal official after a policy dispute and, years before taking office, breaching a private real-estate contract. The President asserts absolute civ...
Citations: https://supreme.justia.com/cases/federal/us/457/731/, https://supreme.justia.com/cases/federal/us/520/681/
...vate employee sues a state transportation agency in federal court for damages under a federal statute enacted under the Commerce Clause. The state has not consented to suit, and the statute contains no valid Fourteenth A...
Citations: https://constitution.congress.gov/browse/essay/amdt11-5-1/ALDE_00013679/
...iversity trial in federal court, the defendant argues that the jury's damages award is excessive under Delaware's standard for disturbing verdicts. Federal new-trial practice governs the motion mechanism. What should the...
Citations: Gasperini v. Center for Humanities, Inc., Fed. R. Civ. P. 59
Congress invokes Fourteenth Amendment Section 5 to create damages remedies for practices it calls unequal. The statute applies to state agencies and private businesses, and Congress says the statute defines the scope of...
Citations: https://supreme.justia.com/cases/federal/us/521/507/
...r alleges that police unlawfully stopped him once last year. He seeks damages for the completed stop and an injunction barring the department from using similar tactics against anyone. Driver does not allege that he expe...
Citations: City of Los Angeles v. Lyons, O'Shea v. Littleton
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. One argument was preserved, while another was raised only later. The parties disagree about the legal...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. The disputed action was partly authorized but exceeded an important limitation. The parties disagree a...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. The facts are close, and both sides can cite a rule that appears favorable. The parties disagree about...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. One side relies on notice and practical reliance; the other side points to an omitted formal step. The...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. A party relied on common practice, but the record includes facts suggesting that practice was unreason...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. The parties disagree about the legal effect of those facts. How is the court most likely to rule? Corr...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. The facts support the doctrine in part, but a timing problem may limit the requested remedy. The parti...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. The decision maker must choose between a categorical shortcut and a fact-sensitive standard. The parti...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. Another actor changed position after relying on the relevant statement, document, or official action...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. The moving party relies on the parties' conduct and the practical consequences of the ruling, while th...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. A party invokes an equitable or discretionary remedy after contributing to the problem. The parties di...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. The record contains both written proof and disputed oral testimony. The parties disagree about the leg...
...of a contested transaction. A party appealed an adverse ruling while damages and related claims remained unresolved. The requested remedy would protect one party but impose a substantial burden on another party who had...
...ta-migration contract. The contract sets $8,000 per day as liquidated damages for late completion because downtime losses would be difficult to estimate when contracting. The project finishes ten days late, and actual lo...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1671.
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