MSLAW Blog

Remedies Spring 2017

SECTION 1

January 17

Overview of Remedies and Alternatives to Court

Coyne’s Chart on Procedure

Lawyer Turns Peacemaker

Seven Steps to Effective Mediation

Settling the Score

January 19


Injunctions

F.R. Civ. P. 65

Weinberger v. Romero Barcelo, 456 U.S. 305 (1982)

Clinton v. Nagy, 411 F.Supp. 1396 (1974)

Norwalk Core v. Norwalk Board of Education, 298 F.Supp. 203 (1968)

SECTION 2

Week of  January 23     

Give Martin a Ticket to Ride

How Level the Playing Field

McGuiness v. Univ. of New Mexico, 170 F.3d 974 (1998)

Toyota Motor Mfg. v. Williams, 534 U.S. 184, 151 L. Ed.2d 615 (2002)

EEOC v. Waffle House, 122 S.Ct. 754 (2002)

PowerPoint with 103 questions

SECTION 3

Week of February 1

Business Relationships

Jurisdiction, Trademarks, Servicemarks, G.L. c.93A and the Franchise

Relationship

Burger King v. Rudzewicz, 471 U.S. 462 (1985)

Anthony’s Pier 4, Inc. v. HBC Assoc., 411 MA 451 (1991)

Disclosure For Franchisors

Zapata v. Dairy Mart, 381 Mass. 284 (1980)

Rule 4 — Service of Process

SECTION 4

Week of February 7

Attorney’s Rights and Obligations

Concurrent Federal and State Court Remedies and Discovery

Duties

Unioil v. E.F. Hutton, 809 F.2d 540 (1986)

Frivolity Punished Here

First Principles

Lawyers and Their Games Are Leading Us Down the Tubes

Judge Rejects a Libel Claim Over Donnie Brasco Movie

First Technology Safety Systems v. Depinet, 11 F.3d 641 (1993)

Using Computers to Level the Playing Field

Sailing Into Cyberspace

Rule 11 — Signing of Pleadings
Week of February 14

SECTION 5

Practice Issues Related to Injunctions

Campbell Soup v. Giles, 47 F.3d 467 (1995)

Live Testimony and Insuring Compliance

Republic of Philippines v. New York Land, 852 F.2d 33 (1988)

Magistrates and Specificity

The Original Great American Chocolate Chip Cookie Company v. River Valley Cookies, 970 F.2d 273 (1992)

Rule 52 — Findings by the Court

Rule 58 — Entry of Judgment

SECTION 6   

Week of February 21

Franks v. GMC Truck Center, 847 F.2d 890 (1990)

Aoude v. Mobil Oil, 862 F.2d 890 (1990)

Doctors’ Assoc. v. Stuart, 85 F.3d 975 (1996)

Equifax v. Hitz, 905 F.2d 1355 (1990)

Rule 12 Motions to Dismiss

SECTION 7

Week of March 6

 

Insurance Practice Issues, including G.L. c.176D and G.L. c.93A

Timpson v. Transamerica, 41 Mass. App. Ct. 344 (1996)

Brandley v. U.S. Fidelity, 819 F. Supp. 101 (1993)

Caplan v. Fellheimer, 886 F. Supp.498 (1995)

 Rule 56 — Summary Judgment

Modern Summary Judgment Proceedings

 

SECTION 8

Week of March 20

Class Action, Contracts to Arbitrate, Mediate and Forum Selection Issues

Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991)

Federal Judge With a Radical Past Goes Mainstream

Guiness-Harp v. Jos. Schlitz Brewing, 613 F.2d 468 (1980)

Rosenberg v. Merrill, Lynch, Pierce, Fenner and Smith, 965 F. Supp. 190 (1997)

Thiessen v. General Electric, 267 F.3d 1095 (2001)

Circuit City v. Adams, 121 S.Ct. 1302 (2001)

Rule 23 Class Actions

SECTION 9

Week of March 27


Contracts For Personal Services and Enforcement

Wombs For Rent

ABC v. Warner Wolf, 52 NY2d 394 (1981)

Vanessa Redgrave v. BSO, 557 F. Supp. 230 (1983)

Florida Panthers Hockey Club v. Miami Sports Authority, 939 F. Supp. 855(1996)

Johnson v. Calvert, 851 F.2d 776 (1993)

Culliton v. Beth Israel, 435 MA 285 (2001)

In Gestational Surrogacies, All Parties Bear Risk

Quandary on Donor Eggs: What to Tell the Children

Surrogate Mom Surrenders Girl to Parents

Rules 26-27 –Discovery

G.L.c. 46, s.4B

SECTION 10

Week of April 3

April 3Special Relief For Families

G.L. c.209A

Burke v. Rivo, 406 Mass. 764 (1990)

Mark v. Kahn, 333 Mass. 517 (1956)

Knighton v. Knighton, 252 Ala. 520 (1949)

Edgar v. Edgar, 403 Mass. 616 (1988); 406 Mass. 628 (1990)

Breaking Up Is Hard To Do

The Push For Parent Education

www.dufi.duq.edu/family

Rules 5 and 6 –Service of Pleadings and Computation of Time to Respond

Draft Complaint

SECTION 11

Week of April 10

April 10Valuation of Damages

Strzelecki v. Blaser Lakeside Indus., 139 Mich. App. Ct. 1191 (1984)

Campins v. Capels, 461 NE2d 712 (1984)

Griffin v. G.M.C., 380 Mass. 362 (1980)

Krasnecky v. Meffen, 777 N.E. 2d 1286 (2002)

A Woman’s Worth: Gender Bias in Damage Awards

Proving Partial Loss of Earning Capacity

Ten Mistakes Adjusters See Attorneys Make Explaining Pain

Seeking Recovery For Loss of Enjoyment of Life

Rule 51 –Instructions to the Jury


SECTION 12

Week of April 18

Declaratory Judgments and the Anti-Injunction Statute

Federal and State Issues

Steffel v. Thompson, 415 U.S. 452 (1974)

Mitchum v. Foster, 407 U.S. 225 (1972)

Frantzis v. Horowitz, 2003 W.L. 22872667

Rule 57 –Declaratory Judgment

SECTION 13

Week of April 20

Interference With Real Property Rights

Peters v. Archambault, 361 Mass. 91 (1972)

Boomer v. Atlantic Cement, 26 NY2d 219 (1970)

Pate v. City of Martin, 614 SW2d 46 (1981)

Myers v. Arnold, 403 NE2d 316 (1980)

Rule 13 –Counterclaims

SECTION 14

Week of April 25

Constructive Trusts,, Resulting Trusts and Declaratory Judgments

Sanguinetti v. Nantucket Construction, 5 Mass. App. Ct. 227 (1977)

Sullivan v. Rooney, 404 Mass. 160 (1989)

Fortin v. Roman Catholic Bishop of Worcester, 416 Mass. 781 (1994)

Nessralla v. John H. Peck and Others, 403 Mass. 757 (1989)

Episcopal Diocese of Mass. v. Devine, 797 N.E.2d 916 (2003)

SECTION 15
Week of April 27

Attachments and Post-Judgment Remedies

Digital Equipment v. Currie Enterprises, 42 F.R.D. 16 (D. Mass. 1992)

Aviation Supply v. RSBI Aerospace, 999 F.2d 314 (1993)

Rules 66 and 69

Rule 68 — Offer of Judgment

Consider the requirements of Rule 11 while you read these cases. Is it advisable, to fail to attempt to give any notice on a TRO? Under what circumstances is it appropriate to use an injunction to force a speedier resolution of a case? Are there any circumstances under which you would advise your client to intentionally violate a court order? How does a lawyer balance the need to make money on hourly fees with the client’s right to a speedy resolution of the matter?

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