Remedies Summer 2018


Overview of Remedies and Alternatives to Court

Coyne’s Chart on Procedure

Casebook (email Dan for password)

Lawyer Turns Peacemaker

Seven Steps to Effective Mediation

Settling the Score


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)





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




Business Relationships

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


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





Attorney’s Rights and Obligations

Concurrent Federal and State Court Remedies and Discovery


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




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



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




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

Draft Complaint for Injunctive Relief, please see posted online fact pattern






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




Supreme Court Divided on Arbitration for Workplace Cases





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





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

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








Valuation 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




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






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




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)




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?

You are required to participate in each class, and your grade will be lowered if you choose not to participate.

You are required to email me your list of what the three fundamental things someone should know about the area of the law you intend to enter or about the field in which you presently work. How will you insure that as a lawyer you will always represent clients at a very high skill level? I look forward to hearing from you.

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