‘Expanding the Remedial Toolbox: A Legal Analogue to Preliminary Injunctions’

Gideon Parchomovsky and Alex Stein, ‘Preliminary Damages’, 75 Vanderbilt Law Review 239 (2022). In a recent essay, Preliminary Damages, Professor Gideon Parchomovsky and Justice Alex Stein have not only come up with a creative way to help indigent and/or poorly-financed plaintiffs finance their lawsuits against intransigent and deep-pocketed defendants, but in the process, they have plugged an important philosophical gap in the remedies literature by proposing the novel remedy of ‘preliminary damages’, a legal remedy mirroring its equitable counterpart ‘preliminary injunctions’. There is a lot in this essay that should be of particular interest to Remedies scholars. This Jot cannot do justice to their piece in so short a space, but I hope to offer the reader at least a small taste of this delicious article, which may entice some readers to sit down and enjoy the full course … (more)

[Marco Jimenez, JOTWELL, 21 November 2022]

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