Remedies Ninth teaches students how to traverse the complex territory of choice and measurement of plaintiffs’ remedies. Accessible and readable decisions build on upper-level students’ first-year courses in contracts, torts, property, constitutional law, and civil procedure. Remedies Ninth is organized to teach students how to choose and measure damages, injunctions, and restitution. It emphasizes the lawyer’s tactics in addition to the court’s decisions. It examines law and economics in selecting between tort and contract remedies. Remedies Ninth teaches the substance and remedies of unjust enrichment law with provocative cases and discussion of the Restatement (Third) of Restitution and Unjust Enrichment (A.L.I. 2011). New decisions in Remedies Ninth examine medical and emotional distress damages, the American attorney-fee Rule and the private-attorney-general exception, state constitutional limits on damages caps, the continuing impact of eBay v. MercExchange on injunctions, unconscionability in a contract to arbitrate, contractual limitations on recovery of damages, restitutionary disgorgement remedies for opportunistic breach of contract, and remedies for harm to pets.

Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 12/20/2017

Doug Rendleman, Washington & Lee University School of Law

Caprice L. Roberts, George Washington University Law School


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Remedies Ninth’s new decisions continue its earlier editions’ tradition on the cutting edge of developing law:

  • PATCHETT V. LEE on measuring plaintiff’s medical damages
  • PAROLINE V. UNITED STATES regarding plaintiff’s emotional distress through the lens of criminal restitution
  • Exploration of controversial nationwide injunctions
  • Judge Moon’s Temporary Restraining Order in LANE V. OCWEN
  • Citations and discussion of Restatement (Third) of Restitution and Unjust Enrichment (A.L.I. 2011)
  • Citation to the newly minted DOBBS & ROBERTS, LAW OF REMEDIES: DAMAGES—EQUITY—RESTITUTION (West 3d ed. 2018)
  • STEPHANSON V. SPIEGLE on gifts to lawyers, mistake, and rescission
  • KANSAS V. NEBRASKA approving a significant disgorgement of profits award for breach of an interstate water compact
  • BARKING HOUND VILLAGE V. MONYAK considering the appropriate measure of damages for a family pet killed as a result of negligence

Learn more about this series.