Relief

What Can I Get From Suing Someone?

When people come to me with a legal problem, I often have to ask them what they want from the other side.  Do they want money?  Do they want some property?  Do they want an order from a judge telling someone to do something?  Because lawsuits can't give everyone everything they want, it helps to be clear about what lawsuits can actually do.

Why should you continue to read this post about the relief litigants can get in commercial lawsuits?

• You're curious about what litigants can get from a lawsuit.

• You're pretty sure that judges don't grant wishes, but you're willing to read a webpage to make sure.

• In the time it takes you to reflect about whether it's worth reading this post, you could just read the post.

Lawsuits Can Seek Money

The most straightforward thing that people can seek in a lawsuit is money.  If a plaintiff alleges in a lawsuit that the defendant caused her to lose a certain amount of money, or failed to live up to a promise to pay you a certain amount of money, she can seek a judgment that directs the defendant to pay her that money.   But if the defendant doesn't actually have that much money, then the judgment can't make the defendant pay money she doesn't actually have.  This is why people often don't sue people or businesses with no money (they are referred to as "judgment proof").

Caricature by James Gillray (Image Credit)

In many lawsuits, plaintiffs can only recover an amount of money that would put them in the same position they would have been in had the defendant fulfilled their promises or acted appropriately.  But in some very limited circumstances, a plaintiff can get a judgment that punishes the defendant for wrongful conduct and awards her more money than the amount she lost because of the defendant's actions. For example, New York appeals court has held that these “punitive damages” are only permissible in “rare cases.”

Lawsuits Can Seek Property

The next simplest thing that a plaintiff can sue for is a specific piece of property, like a parcel of land, shares of stock, or a diamond.  A plaintiff can allege in a lawsuit that the defendant stole property, or promised to deliver it, and ask for a judgment compelling the defendant to return that property.  But again, the judgment will only help a plaintiff recover property if the defendant actually has it or (with additional litigation) if someone is holding it for the defendant or if the defendant improperly transferred it to someone else.

Lawsuits Can Seek A Court Order

A plaintiff can also ask a judge to issue an order (often called "injunctions") that tells the defendant to do something or not to do something or an order making a legal statement (often called a “declarative judgment”).  These are generally harder to get in commercial cases unless there is a specific law or applicable contractual provision that specifies that it is appropriate.  And injunctions that compel a defendant to do something can be even harder to get than ones that compel a defendant to refrain from doing something.

One type of case where a party may seek an order as its relief is one where the plaintiff asks the court to dissolve a company, which is authorized by a specific statute that authorizes litigants to seek such an order in certain circumstances. Similarly, a party can ask a judge to rule on a question of law to determine whether a contract is enforceable in a specific situation or whether a law is enforceable.

Commercial Lawsuits Generally Cannot Seek Criminal Punishment or Moral Judgments

Now that we've discussed some types of relief that a litigant can seek, what are some types of relief that lawsuits generally cannot provide?

In the United States, a plaintiff generally cannot prevail a lawsuit to fine someone or to put someone in jail for committing a crime.  It is my understanding that you can do this in some jurisdictions, like Ontario, France, Belize, and Chile.  But in the United States, only prosecutors can initiate criminal proceedings.

You also cannot prevail in a lawsuit that seeks to get people to apologize or acknowledge they did something morally or ethically wrong.  Courts decide issues of fact and law, but not morals or ethics.

And although you can ask in a lawsuit for the other side to pay for your legal fees or for compensation for the pain and suffering you endured because of the defendant's bad conduct, you can only win these things in narrow circumstances.  They are not impossible to get, but they are not normally awarded in commercial disputes unless a specific contract or a statute permits you to recover them.