Avoidable Consequences

• The Retirement Group, Inc. v. Galante: A Lesson In Avoidable Consequences.

The Court of Appeal for the Fourth District of California recently issued its opinion in The Retirement Group, Inc. v. Galante, 2009 WL 2332008, a tra...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• The Retirement Group, Inc. v. Galante: A Lesson In Avoidable Consequences

The Court of Appeal for the Fourth District of California recently issued its opinion in The Retirement Group, Inc. v. Galante, 2009 WL 2332008, a tra...

• Mondaq Business Briefing
• United States Law Articles in English

• Avoidable Consequences

The doctrine that places the responsibility of minimizing damages upon the person who has been injured. The major function ...

• West's Encyclopedia of American Law
• A–Ba

• Reitz v. Giltz & Assocs., Inc., (Ohio 2006)

CONTRACT/PROPERTY - contract; sale of land; real party in interest; trustee; Civ.R. 17(A); damages; liquidated damages; directed verdict; fair market value; resale price; judicial admission; mitigation of damages or avoidable consequences; reasonable efforts; prejudgment interest; impossibility of performance

• Ohio Supreme Court

• Cheney Shooting Reeks of a Cover-Up

After the Civil War, the sheriff would issue an arrest warrant for any indebted sharecropper who skipped town without settling one's debts. The landowner had exclusive possession of the cooked books. Balancing a sharecropper's budget is far more difficult than balancing Uncle Sam's. The law presumes that persons intend the consequences of their actions. This is the starting point for analyzing [Dick Cheney]'s conduct. The media is defining "accident" etymologically. This definition incorporates all incidents as accidents. An avoidable accident, however, includes an incident which is intended and its consequences foreseen. In the meantime, Black leaders are planning for another march in April to protest history repeating itself. Dr. Martin L. King, [Harry Crist, Jr.], marched in the 1960...

• New York Amsterdam News
• July 27, 2009

• Williams v. Kondziela, (Ohio 2004)

DAMAGES - liquidated damages; compensatory damages; duty to mitigate; doctrine of avoidable consequences; affirmative defense.

• Ohio Supreme Court

• The California Spin On Harassment by Supervisors: Avoidable Consequences and the Focus On Damages

Informed by the United States Supreme Court rulings in the Ellerth and Faragher cases that created an affirmative defense for employers in instances of sexual harassment by supervisors, and constrained by statutory language that held employers strictly liable for such harassment, the California Supreme Court in McGinnis has put a new spin on this area of harassment law. While holding employers strictly liable for the actions of supervisors, thus denying employers the ability to use an affirmative defense against liability, the court focused instead on damages, and therefore allowed employers to seek a reduction of damages based on the avoidable consequences doctrine. Continuing to hold employers liable for harm caused by supervisors is consistent with agency principles, but limiting the...

• Labor Law Journal
• Vol. 55 Nbr. 3, October 2004

• Research Note - Review of Corrections-Based Therapy for Opiate-Dependent Patients: Implications for Buprenorphine Treatment Among Correctional Populations

Inmates with a history of opiate dependence represent a substantial proportion of the correctional population in the United States. Opiate use has negative consequences for both the inmate and society, including increased recidivism rates, increased infectious disease prevalence, avoidable emergency room use, decreased access to primary care services, and overdose. While there have been great successes in community-based treatment of opiate dependence, these successes have not yet been achieved in correctional settings. This paper reviews the pharmacological treatment options for opiate-dependent inmates, along with potential application for community-to-correctional approaches. The recent approval by the Food and Drug Administration (FDA) of physician-prescribed buprenorphine and the n...

• Journal of Drug Issues
• Vol. 34 Nbr. 2, April 2004

• The Huge Economic Impact of the Achievement Gap

McKinsey estimated what our nation's GDP might look like if we had closed these achievement gaps between 1983 and 1998, the 15 years after the government report, A Nation at Risk, first alerted us to the serious problems facing children in our schools. They found that the 2008 GDP would have been $310 billion to $525 billion higher if we had closed the racial achievement gap, and $400 billion to $670 billion higher if we had closed the income achievement gap. McKinsey also found that there continues to be a gap between students in America and their peers in other countries and notes the 2008 U.S. GDP could have been $1.3$2.3 trillion higher if had we had closed the international educational achievement gap between students in America and those in topperforming countries like Finland and...

... opportunities, McKinsey found that "avoidable shortfalls in academic achievement impose heavy annd often tragic consequences, via lower earnings, poorer health and higher rate...

• Chicago Defender
• November 10, 2009

• Pennsylvania State Police v. Suders, 542 U.S. 129 (2004)

..., the Court observed, accommodates the "avoidable consequences" doctrine Title VII "borrows from tor...

• U.S. Supreme Court