analysis of damages and remedies resulting from the seat shortage of super bowl xlv

8/7/2019 Analysis of Damages and Remedies Resulting from the Seat Shortage of Super Bowl XLV

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Analysis of Damages and Remedies Resulting from

the Seat Shortage of Super Bowl XLV

Exam # 257710

**Not Intended to Satisfy Duquesne Law School ULWR Requirement**

Professor Joseph Sabino Mistick

Remedies and Damages

LAWS C559.01

Submitted April 27

Spring Semester, 2011


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INTRODUCTION

Super Bowl XLV took place February 6, 2011 between the

Pittsburgh Steelers and the Green Bay Packers at Cowboys Stadium

in Arlington, Texas.1 Jerry Jones, the Dallas Cowboys owner,

was hoping to break the all-time Super Bowl attendance record at

that event.2 (The Dallas Cowboys are the operators of Cowboys

Stadium, which is in turn owned by the City of Arlington).3

Cowboys Stadium has a normal capacity of 80,000 people, although

the capacity expands to 110,000, when including temporarily

installed seating accommodations as well as standing only Party

Passes.4, 5

The seating problems at Cowboys Stadium started a week

before the Super Bowl when a snow storm hit the Dallas-Fort

Worth area that damaged the east end of the stadium, including

the East Plaza.6 Over 3,000 tickets were sold to watch the game

in the East Plaza of Cowboys Stadium. The ticketholders from

the East Plaza, who paid $200 for external admission to watch

the game on large television screens, were relocated to other

areas outside of the stadium.7 Those ticketholders had no real

issue with their relocation. As their admission was only for

the external portion of the stadium, (they were not permitted to

enter the stadium), the process of moving from one external area

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of the stadium to another created no injury and/or cause of

action.

However, the problems only increased on the day of the

Super Bowl. To accommodate the increased capacity of the

expected crowd, temporary seating accommodations were installed.

Because of the effects of the snow storm, combined with the

general preparations for the Super Bowl, the temporary seats

installed in six sections were erected late enough that that the

local fire marshal didnt have time to inspect them.8 As those

seats were not inspected, 1,250 fans were left without seats

that were already paid for.9, 10 Of those 1,250 fans left without

seats, the National Football League found replacement seats for

850, which the National Football League also claims were

similar or better seats.11 The remaining 400 fans were left

without immediate accommodations.12 Eventually, the 400

remaining seatless fans were allowed to either watch the game

from the outdoor plazas or within a field-level club behind the

Pittsburgh Steelers bench.13 Despite the name, the field-level

club was described as merely being a bar, forcing the fans to

watch the game on televisions located throughout the club, since

there was no view of the field from within the club.14 Also, as

was mentioned, the outdoor plazas had no view of the field

either, except via televisions. Therefore, none of the

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replacement arrangements for the last 400 fans offered a live

view of the field.15

The result of the incident involving the 400 fans specified

supra has resulted in at least two civil cases.16, 17 This paper

will analyze the area of law concerning remedies and damages,

and will apply that law to the situation that occurred at Super

Bowl XLV.

LEGAL OVERVIEW

While causes of action are determined by underlying

substantive law, there is a general aspect of law that is

applicable throughout the entirety of substantive lawthe law of

remedies and damages. The principle behind this area of the law

is exemplified by Sir William Blackstone in his Commentaries on

the Laws of England:

It is a general and indisputable rule, that where there isa legal right, there is also a legal remedy by suit oraction at law whenever that right is invaded.18

That is not to say, however, that all perceived wrongs can be

rectified through the courts. In order for a harm to be

rectified by the law, a legal wrong must have been committed.19

The main purpose of the law of remedies and damages is to

recreate the situation that would have existed, had the legal

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wrong not occurred; to allow an aggrieved party reclaim their

rightful position.20, 21 This goal is pursued through different

means within the laws of remedies and damages. There are

various sections of the law that in one circumstance could be

mutually exclusive, and concurrently applied in another. The

first section of remedies and damages law to be analyzed is the

type of remedy to be applied; a legal remedy or an equitable

remedy.

COMMON LAW AND STATUTORY REMEDIES

The distinction between common law remedies and statutory

remedies is well defined, though it is constantly evolving. As

the name implies, common law remedies are those remedies that

have been developed over time throughout the administration of

precedential authority. Conversely, there are statutory

remedies which are promulgated in statutes by legislatures and

in regulations issued by executive administrative agencies.

LEGAL AND EQUITABLE REMEDIES

The disparity between legal and equitable remedies

originates from the early system of courts in England.22 While

an in-depth look at the English legal system reveals more courts

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and their specific functions, for the purpose of explanation,

two courts that can be compared are the Court of Common Pleas

and the Court of Chancery. The Court of Common Pleas involved

cases in which the monarchy had no interest, comprised the vast

majority of civil cases, and was the court which more than any

other shaped the medieval common law.23 On the other hand, the

Court of Chancery evolved from royal grants and property rights

of the crown, and grew to include trusts, estates, guardianship,

and similar legal entities.24, 25, 26, 27

By the fifteenth century, courts of law like the Court of

Common Pleas had established the use of common law. The common

law and its application of precedent treated all cases with

similar situations in a similar manner.28 The Court of Chancery,

and other courts of equity did not use the principle of

precedent; each case was distinct, and disputes were resolved on

an individual basis.29 Each of these types of courts had their

own body of substantive rules, procedural rules, and their own

remedies.30

Currently, the separate laws of legal and equitable

remedies have converged a great deal. In America, nearly all of

the states have merged the separate courts of law and equity.31

Despite that, remedies are still classified as legal or

equitable. Legal remedies involve monetary damages, discussed

infra, as well as specialized coercive writs.32 Equitable

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remedies include injunctions, declaratory judgments, and

specific performance; generally, non-monetary relief. Also,

there is a rule that states that a plaintiff cannot have an

equitable remedy if a legal remedy would be adequate[;]

however, the law has evolved to the point where that rule has

lost much of its meaning.33

Concerning the case of the Super Bowl XLV seat shortage,

there are possibilities for both legal and equitable remedies.

The National Football League has already offered a reimbursement

of $5,000 or actual documented expenses, opening up the

possibility of a remedy in law of monetary damages.34 The

National Football League has also potentially created support

for an equitable remedy by offering: 1) a free ticket to the

next Super Bowl that is transferable to other parties along with

a cash payment of $2,400 or 2) a free ticket to a future Super

Bowl game of the fans choosing, plus round-trip airfare and

hotel accommodations, all of which is non-transferable.35

Although settlement offers do not contribute to the type of

remedy available, and are prohibited from being used as evidence

in the Federal Rules of Evidence, such offers could give

credence to a partys council using specific tactics and

requests for either type of remedy.

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SPECIFIC AND SUBSTITUTIONARY REMEDIES

While differing legal and equitable choices of law decide

what specific remedies are available, the most fundamental

remedial choice is between the specific and substitutionary

remedies.36

Specific remedies give a plaintiff exactly what they would

have had, or would have been able to obtain, if they had not

been the victim of a legal wrong. Specific remedies include

injunctions, specific performance of contracts, restitution of

specific property, and a restitution of a specific sum of

money.37 Substitutionary remedies, on the other hand, attempt to

give a plaintiff an award equivalent in value to the harm that

was incurred. The most prevalent form of substitutionary

remedies are monetary damages, (discussed infra).

While there is a tendency to attribute specific remedies to

equity and substitutionary remedies to law, this is not

necessarily the case.38 The equity-law arrangement of remedies

appears to be segregated due to the nature of the most popular

remedies, but there is a significant deal of overlap in the

remedies offered. Although specific remedies, such as

injunctions, are usually sought in equity, there are also

substitutionary remedies available, such as relief for breach of

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fiduciary duty.39 Conversely, despite substitutionary remedies

being the dominating award at law, there are also specific

remedies available, such as ejectment and replevin.40

In the case of the Super Bowl XLV seat shortage, the

remedies will be exclusively substitutionary. The nature of

Super Bowl tickets puts them in the same category as other

unique chattel along with contracts for the sale of land, family

heirlooms and rare artifacts.41 There can never again be the

same game, played at the same time, between the same two teams,

in the same exact situations, with the same historical

consequences. The substitutionary remedy for the possible legal

wrong may be either in law or equity, because, as discussed,

neither are exclusive to substitutionary remedies. Furthermore,

all of the settlement offers the National Football League mas

made to the displaced fans have been substitutionary in nature;

(cash payments, tickets to future Super Bowls, and combinations

of the two.

DAMAGES

Damages is a term used to identify the recovery of

monetary compensation for loss caused by the legal wrong of

another.42 There are many different varieties of damages. All

of the different types of damages share one thing in commoneach

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form of damages awards money for the loss caused by the

defendant.43 The following is a list and brief description of

some of the more significant kinds of damages:

Actual (Compensatory) Damages

Actual damages are an amount awarded to a complainant to

compensate a proven injury or loss.44 Actual damages are also

referred to as compensatory damages, as they compensate the

complainant sufficiently enough to indemnify the injured person

for the loss suffered.45

General Damages

General damages are damages that the law presumes follow

from the type of wrong complained of.46 These damages do not

need to be alleged or proved.

Special Damages

Special damages are damages that are alleged to have been

sustained in the circumstances of a particular wrong.47 These

damages must be alleged and proved.

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Consequential Damages

Consequential damages result from losses that do not flow

directly and immediately from a legal wrong, but can ultimately

be traced back to that wrong.48

Expectation Damages

Expectation damages are compensation awarded for the loss

of what a person reasonably anticipated from a transaction that

was not completely executed.49

Reliance Damages

Reliance damages are awarded for losses incurred by acting

in reliance on an agreement between contracting parties.50

Punitive (Exemplary) Damages

Punitive damages are damages awarded in addition to actual

damages when a defendant acts with recklessness, malice, or

deceit.51 These damages are also referred to as exemplary

damages, as one of the aims of these damages is to punish

blameworthy conduct, and deter that type of action by way of

penalization above and beyond ordinary remedies.

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Nominal Damages

Nominal damages are a trivial amount awarded to a plaintiff

to acknowledge a legal wrong, but when there is no substantial

loss or injury to be compensated.52

Permanent Damages

Permanent damages are damages that are awarded for past,

present, and future damages that cannot be avoided or otherwise

remedied.53

Temporary Damages

Temporary damages are allowed for intermittent or

occasionally recurring wrong.54 An example of this is a

continuing trespass to property that can be removed or abated.

Liquidated Damages

Liquidated damages are damages that are associated with

contract law. Contracts can include liquidated damages clauses

that stipulate a reasonable estimation of damages to be

recovered by one part if the other party breaches.55

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Double & Treble Damages

Double and treble damages are damages that are awarded at a

rate of twice or triple the normal amount of damages.56 These

damages are usually awarded pursuant to a statute.

Damages, like other remedies, attempt to return an

aggrieved party to the same position that they would have been

in, had the legal wrong not occurred. However, if monetary

damages are used, there is an issue of economic inadequacy. In

fact, the theory of damages is predicated on the theory of

economic inadequacy.57, 58 Valuation of monetary damages, (in

lieu of a remedy that would exactly replace or compensate for

the legal wrong), is imperfect and omits significant subjective

impairments that deserve legal protection.59

The goal of returning an aggrieved party can sometimes not

always be completely achieved through the use of monetary

damages. Some types of harm can be too speculative to

compensate with damages, such as lost profits from a new

business.60 Also, mental aggravation and waste of time cannot be

compensated from a breached contract, (if there is no such

contractual provision).61 Victims are also not allowed to

recover for subjective losses resulting from sentimental

attachments.

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In this case, the issue of sentimental attachment could be

the most important issue if the case is ultimately remedied with

monetary damages. In the same way that a person selling a car

elevates the price beyond what is commonly accepted, (usually

lamented by buyers as someone selling their good times along

with the car), fans of the football teams that were displaced

probably attributed much higher value to their experience than

the market value. (As an aside, this inequality between

perceived value and market value is what allows the ticket

scalping market to flourish, and consequently resulted in at

least one Super Bowl XLV ticket being sold for $65,000.00).62 As

such, even if damages are awarded at a value reasonably above

market value, there is still a chance that some, if not many, of

the displaced fans will feel as if they did not receive adequate

compensation. This is a very intricate issue, though moot for

the most part; while allegations of supposed sentimental value

or personal meaning can wildly be attributed, or even falsified,

there are no grounds for compensation on this basis. Despite

that, as mentioned supra, the National Football League has

already offered financial settlements that obviously take into

account the sentimental value that fans attach to the football

experience above and beyond market value.

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RESTITUTION

Where most remedies are aimed at assisting an aggrieved

party recoup some measure of loss they have attained due to a

legal wrong, restitutionary remedies are designed to force a

defendant to forfeit a benefit, and repay that amount to the

aggrieved party when it would be unjust for the party in the

wrong to retain the benefit.63, 64 This area of the law

traditionally proved to be confusing, as this principle falls

outside of the traditionally recognized areas of the law, such

as tort and contract.65 Although restitution involves the

payment of money to an aggrieved party, restitution is separate

and distinct form damages. While both are measures of monetary

recovery, damages are based upon a plaintiffs loss, whereas

restitution is based on a defendants gain.66

The concept of a party in the wrong retaining an unearned

benefit to the detriment of another party is called unjust

enrichment.67 The restitutionary remedies resulting from unjust

enrichment can be carried out via both law and equity.68 The

remedy of unjust enrichment through law is called quasi

contract, while the remedy of unjust enrichment through equity

is called subrogation.

A quasi contract is a fictional construct of a contract

that, although no formal agreement has been made, is implied in

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law.69 The concept of quasi contract also applies to formalized

contracts when it is implied-in-fact when there exists conduct

exceeding the formalized terms and there is also a corresponding

manifestation of intent to be bound by said conduct.70

Legal subrogation, in support of equitable interests,

arises by operation of law or by implication in order to prevent

fraud or injustice.71 The application of the subrogation:

simply means substitution of one person for another;that is, one person is allowed to stand in the shoesof another and assert that persons rights against thedefendant. Factually, the case arises because, forsome justifiable reason, the subrogation plaintiff haspaid a debt owed by the defendant.72, 73

The case of the Super Bowl XLV seat shortage could

definitely incorporate some elements of restitution. The people

whose seats were unavailable had already paid for their tickets.

In return, they did not receive the seats for which they had

engaged in a bargained for exchange. Some of the accommodations

that were provided for these people were of significantly lesser

value than what was paid for them. There is more than ample

support for an argument that there is a value owed between the

amount paid for the tickets and the accommodations provided for

the event.

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INJUNCTIONS

Injunctions are an equitable remedy where performance of an

action is either mandated or prohibited by the court. These

mandates and prohibitions are called mandatory injunctions and

negative injunctions, respectively.74 These injunctions attempt

to stop both current and future violations of law and maintain

an aggrieved party in their rightful position.75

Injunctions are preventive remedies, rather than

compensatory remedies; an aggrieved party need not be harmed at

all, if an injunction is granted before the harm takes place.

Injunctions also have a coercive element to them. Injunctions

are enforceable by sanctions of contempt of court if the

specified remedy is not followed.76 There are different kinds of

contempt of court, each used in different circumstances with

different ramifications:

a. Criminal contempt. Violating an injunction iscontempt of court. Contempt is a criminal offense ifdone willfully. Plaintiff may bring the offense tothe attention of the court, and the court decideswhether to ask the prosecutor to prosecute thecontempt. Defendant is entitled to most of theprotections of criminal procedure.

b. Compensatory civil contempt. Plaintiff may alsocite defendant for civil contempt. Civil contempt isa remedial proceeding, and plaintiff prosecutes ithimself. In compensatory civil contempt, the courtgrants compensation for any harm plaintiff suffered asa result of defendants violation of the injunction.Compensation in contempt generally includes attorneysfees and generally is awarded without jury trial.

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c. Coercive civil contempt. Most important iscoercive civil contempt, in which the court imposesconditional penalties to coerce defendant intoobedience. These penalties are civil, but they mayinclude fines or imprisonment or both. There is no

fixed limit to the penalties that can be imposed incoercive civil contempt, but he penalties must beconditional: Defendant must be able to avoid them.The court often specifies what steps defendant musttake to purge himself of contempt and thereby avoidcoercive penalties. The effect is to make theoriginal injunction more specific, and sometimes moredemanding.77

As this case has not yet gone to trial, or even to

significant preliminary hearings, there has been no opportunity

for an injunction to be issued. An injunction may, however, be

one of the resulting remedies that occur during the trial

process. Since the issue of the seat shortage in Super Bowl XLV

was so public, the National Football League, or any other entity

associated with the, could be prohibited from discussing the

case publicly so that the potential juror pool is not

contaminated and/or so that public sentiment does not influence

the case.

DECLARATORY RELIEF

The most common example of declaratory relief is the

declaratory judgment.78 Declaratory judgments, similar to

Internal Revenue Service Revenue Rulings, provide a reliable

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legal statement of parties rights with respect to a certain

situation.79 Also, like Internal Revenue Service Revenue

Rulings, declaratory judgments do not end in specific orders

that authoritatively effect the situation at hand; there is no

operative command within the judgment.80

While there is little observable effect of obtaining a

declaratory judgment, it can have a significant impact on the

parties involved. For instance, in a situation where an

individual wishes to chop down trees for firewood in an area

where ownership is disputed between himself and a neighbor,

obtaining a declaratory judgment in his favor would assure the

individual that he would face neither civil nor criminal

penalties for chopping down the trees.81

A declaratory judgment can be a double-edged sword,

however. While a declaratory judgment can provide peace of mind

and support for performing one action, performing another action

that is prohibited in a declaratory judgment can result in much

harsher enforcement of an actual judgment, due to the willful or

reckless disregard of the notice provided by the declaratory

judgment.

Although declaratory judgments deal with specific

situations in an almost hypothetical manner, there is still a

requirement of ripeness similar to regular cases. In federal

cases, the courts use a refined ripeness test, examining: 1)

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the adversity of the parties interests; the conclusiveness of

the judgment; and 3) the utility of the judgment.82, 83

Declaratory remedies are usually used before a harmful

action, (or inaction), takes place. In the case of the seat

shortages in Super Bowl XLV, the harmful action has already

taken place. The cases currently in the court system are

regular civil cases; there would be no purpose to seek a

declaratory remedy at this point.

CONCLUSION

While the ultimate issue of the seat shortage of Super Bowl

XLV will hinge on the parties claims and the underlying

substantive law, most of the issues involving remedies and

damages resulting from that issue have been discussed. Of all

the principles and concepts discussed, it is probable that the

following will occur: 1) the remedies used in this case will

originate out of common law, not statutory law; 2) both legal

and equitable remedies will be available; 3) the remedies will

be substitutional in nature, not specific; 4) damages will be

available as a remedy, and will almost certainly include actual

damages, probably include reliance damages, possibly include

special, consequential, expectation, and punitive damages,

probably not include double or treble damages (unless awarded as

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a punitive measure), and will almost certainly not include

general, nominal, permanent, temporary, or liquidated damages;

5) there could possibly be some form of restitution; 6) there

may be an injunction issued to aid the court in conducting the

trial; 7) there will be no declaratory judgment, and obtaining

one is meaningless as there are already multiple cases filed.

Finally, as discussed supra, there are already two claims

that have been filed on behalf of two groups. Although it will

be some time before the cases are ultimately resolved, if the

cases are decided at trial, it will be interesting to see how

the remedies that are actually awarded compare to those asserted

in this paper.

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1 Wikipedia, Super Bowl XLVhttp://en.wikipedia.org/wiki/Super_Bowl_XLV2 Calvin Watkins, ESPN Dallas/Fort Worth - Super Bowl misses attendance markhttp://sports.espn.go.com/dallas/nfl/news/story?id=6096358

3 Wikipedia, Cowboys Stadium http://en.wikipedia.org/wiki/Cowboys_Stadium4 Id.5 Wikipedia, List of current National Football League Stadiumshttp://en.wikipedia.org/wiki/List_of_current_National_Football_League_stadiums

6

CBSDWF.com,Texas Needs Late Rally to Save Super Bowl Week

http://dfw.cbslocal.com/2011/02/05/texas-needs-late-rally-to-save-super-bowl-week/

7 Mallory Simon and Divina Mims, CNN.com: Outdoor tickets could lead to SuperBowl attendance recordhttp://news.blogs.cnn.com/2011/01/19/outside-tickets-could-lead-to-super-bowl-attendance-record/

8 CBS Sports, Some Super Bowl fans left without seats, to get triple refundshttp://www.cbssports.com/nfl/story/14654974/workers-still-installing-temporary-seats-at-cowboys-stadium

9 Id.10 WFAA.com, Lawsuit filed over Super Bowl seating shortagehttp://www.wfaa.com/news/local/Suit-filed-over-Super-Bowl-seat-problem-115647324.html

11 CBS Sports, Some Super Bowl fans left without seats, to get triple refundshttp://www.cbssports.com/nfl/story/14654974/workers-still-installing-temporary-seats-at-cowboys-stadium

12Id.13Id.14Id.15Id.16Laffin v. National Football League, 2011 WL 1396887 (N.D. Texas, Dallas Div.April 12, 2011).

17Simms v. Jones, et al., Civ. Action No. 3:11-CV-0248-M (N.D. Texas, Dallas Div.Feb. 8, 2011).

18 William Blackstone, Commentaries on the Laws of England23 (1771).19Lowery v. Mountain Top Indoor Flea Mkt., Inc., 699 So. 2d 158 (Ala. 1997).20

Douglas Laycock, Modern American Remedies Cases and Materials, 15, 118 (2010).21Brunswick Corp. v. Pueblo Bowl-O-Mat, 429 U.S. 477 (1977).22 Douglas Laycock, Modern American Remedies Cases and Materials, 6 (2010).23 J.H. Baker, An Introduction to English Legal History38 (2002).24 Timothy S. Haskett, The Medieval English Court of Chancery14 Law & Hist. Rev.245 (1996).

25 Ewan McKendrick, Contract Law451 (2007).26 Alastair Hudson, Equity and Trusts 41 (2009).27 William Lindsay Carne, A Sketch of the History of the High Court of Chanceryfrom the Chancellorship of Wolsey to That of Lord Nottingham13 Va. L. Reg. 607(1928).

28 A.H. Manchester, Modern Legal History128 (1980).29Fry v. Porter, 86 Eng. Rep. 898 (1670).

30 Douglas Laycock, Modern American Remedies Cases and Materials, 6 (2010).31Id.32Id.33Id.34 Kevin Armstrong, NYDaily News.com NFL increases its settlement offer tofootball fans who had tickets but missed Super Bowl XLV

http://articles.nydailynews.com/2011-02-16/sports/28619579_1_michael-avenatti-super-bowl-xlv-football-fans

35 Aaron Wilson, National Football Post NFL trying to remedy Super Bowl ticketsnafu http://www.nationalfootballpost.com/NFL-trying-to-remedy-Super-Bowl-ticket-


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snafu.html36 Douglas Laycock, Modern American Remedies Cases and Materials, 5 (2010).37Id.38 James M. Fischer, Understanding Remedies 4 (2006).39Id.40Id.41 Jessica Freiheit, The Breakdown of Heirarchy: Damages at Law versus Damages inEquity

27 Man. L.J. 189 (2000).42 James M. Fischer, Understanding Remedies 5 (2006).43Id.44Blacks Law Dictionary416 (8th ed., West 2004).45Id.46Id. at 417.47Id. at 419.48Id. at 416.49Id. at 417.50Id. at 419.51Id. at 418.52Id.53Id.

54Id. at 419.55Id. at 418.56Id. at 417, 419.57 Jessica Freiheit, The Breakdown of Heirarchy: Damages at Law versus Damages inEquity27 Man. L.J. 188 (2000).

58 Doug R. Rendleman, The Inadequate Remedy at Law Prerequisite for an Injunction33 U. Fla. L.R. 349 (1981).

59Id.60Id.61Id.62 Chuck Schilken, Los Angeles Times - Super Bowl XLV ticket prices are way up insecondary ticket market

http://latimesblogs.latimes.com/sports_blog/2011/02/super-bowl-ticket-prices-are-way-up-in-secondary-ticket-market.html

63Blacks Law Dictionary1339 (8th ed., West 2004).64 James M. Fischer, Understanding Remedies 6 (2006).65Id. at 343.66Id. at 622.67Blacks Law Dictionary1573 (8th ed., West 2004).68 James M. Fischer, Understanding Remedies 6 (2006).69Id. at 353.70Id.71Blacks Law Dictionary1468 (8th ed., West 2004).72 Dan B. Dobbs, Law of Remedies 404 (1993).73Blacks Law Dictionary1467 (8th ed., West 2004).74

James M. Fischer, Understanding Remedies 5 (2006).75 Douglas Laycock, Modern American Remedies Cases and Materials, 265 (2010).76Id.77Id. at 267.78 James M. Fischer, Understanding Remedies 6 (2006).79Id.80Id.81 Douglas Laycock, Modern American Remedies Cases and Materials, 4 (2010).82 Richard L. Hasen, Remedies: Examples and Explanations 352 (2007).83Pic-A-State Pa. Inc. v. Reno, 76 F.3d 1294 (3rd Cir. 1996).

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