Also known as: recover · recovers · recovered · recovering · recoverable · recoveree · recoveror
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An amount awarded or collected pursuant to a judgment or decree.
The regaining of property or rights through legal process.
An amount awarded or collected pursuant to a judgment or decree.
Select any source to read its text and confirm it supports the definition.
The regaining of property or rights through legal process.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Ricardo Rojas grabbed a purse from Rhea Reynolds on a sidewalk. When she immediately pursued him, he brandished a weapon and threatened her to halt the chase. The threat allowed him to retain the purse without her prompt recovery, satisfying the element that force or threats were used to prevent immediate retrieval of the property.
Redwood Bank hired attorney Rowan Russell on a contingent-fee basis to pursue a contract claim. Their signed agreement stated that litigation costs would be subtracted from any recovery before the lawyer's percentage was calculated. After the case settled, the lawyer supplied a written statement showing the net amount remitted to the client after those deductions.
Riverstone Manufacturing contracted with Redline Automotive to supply custom parts over eighteen months. Redline delivered only the first installment and then ceased performance entirely. Because the breach substantially impaired the value of the entire contract, Riverstone could recover damages measured by all of its remaining rights to performance rather than merely the missed installment.
Radiant Technologies leased warehouse space from a landlord that had promised in the lease to keep the loading dock in good repair. After the landlord ignored repeated complaints about a broken dock plate, a delivery truck was damaged. The tenant recovered damages measured under the applicable remedial section for the landlord's failure to perform the repair covenant.
Renee Rogers's will specifically devised her classic automobile to her nephew Raymond Ramos. The car was destroyed in an accident two weeks before her death, and the insurance proceeds had not yet been paid. Because the policy proceeds constituted recovery for loss of the specifically devised property, Raymond was entitled to those unpaid proceeds rather than seeing the devise adeem.
Robert Rivera filed a diversity class action in federal court seeking only unpaid interest on late insurance payments under New York law. A state statute would have barred class treatment of such interest-only claims. Federal Rule of Civil Procedure 23 nevertheless governed certification, allowing the class to proceed and pursue recovery of the interest amounts for all members.
Yes. The written agreement must state the method for determining the fee, including whether expenses are deducted before or after the contingent percentage is calculated. It must also notify the client of any expenses for which the client remains liable even if no recovery occurs.
A non-performance breach supports total-breach damages only when it substantially impairs the contract's value to the injured party at the time of the breach, making it just to allow recovery measured by all remaining rights rather than merely the breached portion.
If the specifically devised property is not in the estate at death, the devisee receives any unpaid proceeds from insurance or other recovery for damage to or loss of that property, unless failure of the devise would better carry out the testator's intent.
Yes. Federal Rule of Civil Procedure 23 controls the availability of class certification in diversity cases even if a conflicting state statute would deny class treatment for interest-recovery claims, because the rule regulates procedure and does not alter substantive rights.
…situations and except when the rights are contingent upon live birth. For example, the traditional rule of tort law denied recovery for prenatal injuries even though the child was born alive.[^maj-63] That rule has been changed in almost every jurisdiction. In most States, recovery is said to be permitted only if the…