Also known as: recuperator · recuperation · recuperate · recovery · civil recovery
Written by attorneys · grounded in primary & secondary sources — see below
An ancient remedy providing judicial restitution of property that has been wrongfully taken or denied.
Roland Rhodes grabbed a wallet from Renee Rogers on a sidewalk. When she immediately chased him, Roland shoved her to the ground to keep the wallet and escape. Renee pursued recuperatio to obtain judicial restitution of the wallet that had been wrongfully taken.
Renata Russo hired Raymond Ramos to pursue a personal injury claim under a contingent fee. They signed a written agreement stating the percentage that would go to the lawyer upon settlement or trial, the expenses to be deducted, and that the client remained liable for costs even without a recovery. Renata sought recuperatio when the lawyer later denied her the agreed share of the recovery.
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Rosa Ruiz leased space from Riverfront Developments. After the landlord failed to maintain the premises, Rosa terminated the lease and sued for damages measured under the applicable remedial section. The court awarded her recuperatio of the prescribed damages that had been wrongfully denied.
Regina Robinson's will specifically devised a parcel of land to her niece. Before death the land was condemned and an unpaid award remained. The niece received recuperatio of the condemnation proceeds as restitution of the specifically devised property.
Ridgeway Partners filed a diversity class action in federal court seeking recovery of interest on overcharges. Although a state statute would have barred class treatment, the court applied Federal Rule of Civil Procedure 23 to certify the class. Ridgeway obtained recuperatio of the overcharges through the certified proceeding.
Rhapsody Entertainment's member brought a successful derivative action on behalf of the LLC. The court awarded the plaintiff reasonable attorneys' fees and costs from the LLC's recovery because the action succeeded in whole or in part. The member thereby achieved recuperatio of the wrongfully denied corporate assets.
The term requires proof that property was wrongfully taken or denied and that a court order restores it to the rightful holder through judicial restitution.
Recuperatio may be pursued to restore any share of recovery that was wrongfully denied under the signed contingent fee terms.
Recuperatio of damages may be awarded to the extent prescribed when the breach results in wrongful denial of amounts due under the lease.
Recuperatio entitles the devisee to any unpaid proceeds from a sale, condemnation award, or insurance recovery for damage or loss of the property.
…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…