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Judgment Costs And Appeal Outline

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STAGE NINE: JUDGMENT, COSTS, & APPEAL I.

Judgment - FRCP 54, 65(d) a. Synthesized Rule/Procedure i. Prevailing P/Ds are entitled to all relief necessary, including injunctions, even if not pleaded. b. Textual Rule i. Relief: all final judgments besides default judgments should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings. FRCP 54(c). ii. Injunctive Relief: must state reasons why it was issued and in specific terms and reasonable detail the acts restrained or required. FRCP 65(d)(1).

1. Parties Bound: the parties, their officers/employees, and persons in active concert. FRCP 65(d)(2). c. Analysis i. Relief

1. May be compensatory damages, nominal damages, punitive damages, or an injunction. a. Compensatory damages require an actual injury, not just a civil rights violation. Carey. i. May be based on a per diem assessment by jury, Foradori v. Harris (5th Cir. 2008), or even a statistical analysis based on past awards, Geressy v. Digital Equip. Corp. (E.D.N.Y. 1997). b. Nominal damages are awarded if there is no actual injury, but rights were violated. Carey. c. Punitive damages are awarded, even under SS 1983, when party was motivated by an evil intent or reckless indifference to rights. Smith v. Wade (U.S. 1983). i. Excessive damages may violate the Due Process Clause. BMW v. Gore (U.S. 1996). d. Injunctions are governed by FRCP 65. They are awarded when P succeeds on the merits, there is no remedy at law, P risks irreparable harm, the hardship posed by the injunction doesn't weigh against it, the injunction will serve the public interest, and the court can administer it. Injunctions are enforced by FRCP 4.1.

2. It is possible to collect damages when the only thing claimed in the complaint is an injunction, as relief is not limited to the complaint. S.M.U. Ass'n. ii. The "Rooker-Feldman" doctrine: federal courts should not reach merits of a state court decision about state law. This does not apply to administrative courts. Van Harken. d. Cases i. Carey v. Piphus (U.S. 1978, 64): Ps were suspended without procedural due process. However, there was no injury resulting from the lack of procedural due process. As there was no injury,
Ps are entitled to nominal damages only: $1.

II. Declaratory Judgment - 28 U.S.C. SSSS 2201, 2202; FRCP 57 a. Synthesized Rule/Procedure b. Textual Rule i. Remedy: the existence of another adequate remedy does not preclude a declaratory judgment. FRCP 57. c. Analysis i. Remedy

1. Reasons for wanting a declaratory judgment include: a. setting up future remedies; b. gives leverage during settlement; c. can establish precedent; d. provides information; and e. can resolve uncertainty, especially when a title is in dispute. d. Cases i. Carey v. Piphus (U.S. 1978, 64): Ps won declaratory judgment that their rights were violated, but since they were not injured, they were only entitled to nominal damages.

III. Renewed Judgment as a Matter of Law - FRCP 50(b) a. Synthesized Rule/Procedure i. This is the same as a motion for summary judgment or JMOL, but after trial---no later than 28 days. b. Textual Rule i. Procedure: within 28 days after trial, D* may renew the motion. Court may allow judgment on the verdict, order a new trial, or direct the verdict. FRCP 50(c).

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