What is Civil Recovery? • The Retail industry was in need of legislative assistance to combat rampant theft (employee and customer), which costs retailers an estimated $ 30 billion each year. • Retailers lobbied successfully to define a civil remedy against theft offenders that recognized the total cost of theft (beyond just the actual value of what was stolen). • Over the past 20 years, all 50 states have passed Civil Recovery Statutes, which allow for merchants and other victims of theft to pursue civil claims against theft offenders and collect monetary penalties, as a matter separate from criminal prosecution. • Civil Recovery has since become standard operating procedure in the retail industry, restoring millions of dollars in lost profits to corporate retail chains (including food service and grocery chains). Who is Palmer, Reifler & Associates, P.A.? • The Law Offices of Palmer, Reifler & Associates, P.A. is the leading and largest civil recovery law firm, pursuing millions of individual civil recovery claims (employee theft and shoplifting) on behalf of primarily corporate retail, food service, and grocery chains, since 1988. • Founding partner, James R. Palmer, was active at the advent of the civil recovery movement, working with numerous Attorneys General and state bar associations to coordinate legislative requirements and recovery procedures. • James Palmer argued a landmark case in civil recovery law (Shorts v. Palmer, 1994) that helped establish important
During retail theft, the stolen items don’t just disappear into thin air. Every item that is taken without being paid for in the store still has to be paid for by the company and manufacturer. This can cause major setbacks in store production and companies a lot of debt. They are handing over money they are not getting back. Being in this situation, forces them to raise prices to stay in business or pay off what has been taken. Shoplifters who don’t get
Civil actions protect individuals rather than the public. Civil actions protect the people, the injury
Shoplifting is a prevalent crime within the United States that must be controlled by risk managers. During December of 2009, a Foot Locker in Atlanta, Georgia was robbed when “police arrested two adults and four juveniles in a smash and grab job.” (CBS Atlanta 1) Unlike employee theft, customer theft is limited to the $1,120,000,000 in merchandise inventory (“Balance Sheet”). Although the inventory and cash could potentially be recovered from the employee(s) or customer(s) through a lawsuit, as a risk manager I would need to take preventative action.
(d) If allowance for recovery for lost foreseeable profits would create unfairly disproportionate results, the court may, in its discretion, limit recovery to reliance damages.
COUNSEL: For Plaintiff: Mona C. Engel, Esq., Law Offices of Robert F. Danzi, Westbury, New York.
The case of State of Oregon vs. Sandy Jones was brought to Spence’s attention after
George H. Pike is the Director of the Pritzker Legal Research Center and Senior Lecturer at
Civil litigation is court action brought to remedy a wrong or breach of contract. This is shown through Canterbury Bulldogs player Sonny Bill Williams breached his contract by walking out on the club after having signed a contract which was legally binding. Through this law reform has been further enhanced in Australian sport.
(1) Riggs v. Palmer 115 NY 506, Court of Appeals of New York (1889). Link in Course Readings and Available online: http://www.courts.state.ny.us/reporter/archives/riggs_palmer.htm
Civil law deals with breaches. Crimes are prosecuted by the state. The problem is civil tort law has a wide variety of legal claims. Assault, battery, trespass, and theft are all types of intentional tort civil law.
The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.
Carreon, a former Corporate Legal Counsel of PLA Co., or Atty. Henry Sinyo who was then the
In this case, the strategies I sued was to acknowledge the customer the customer’s feelings or anger, I listen actively and I determine the cause, and I reassure the customer frustration by understanding her feelings. I remain professional because I was very respectful. I asked her specific questions to clarify the situation, and maybe if the item was brand new even without the tag, I would of return it with a gift card, but the customer want it cash. So I have to take appropriate action because I know I have the power to return it and give her cash, but that is not under the return policy and I could of get fired.
In Great Britain, the Theft Act of 1968 is an Act of the Parliament of the UK. It governs most of the general property offenses in English law. Theft is defined as a person shall be guilty of theft if he dishonestly appropriates property belonging to another with the
“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own