Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
Corrective steps that a person with managerial or direct supervisory authority must take upon learning of another's rule violation at a time when its consequences can still be avoided or mitigated.
2
A measure intended to restore long-term environmental quality or permanently alleviate pollution after a hazardous substance release, as distinguished from short-term removal actions.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
Corrective steps that a person with managerial or direct supervisory authority must take upon learning of another's rule violation at a time when its consequences can still be avoided or mitigated.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Model Codes
Examples5
Delayed Correction of False Filing
Leslie, section chief in the city attorney's office, learned three days after Valerie filed a summary judgment motion containing false statements contradicted by internal reports. Leslie recognized that an immediate corrective filing could limit sanctions but waited eleven days before directing the correction. Opposing counsel filed for sanctions during the delay. Leslie's inaction means she failed to take reasonable remedial action while mitigation remained possible.
Redistricting to Address Past Discrimination
North Carolina's legislature drew new congressional districts after the Attorney General required preclearance and a court found a history of official racial discrimination. The state justified the plan as remedial action needed to give minority voters an equal opportunity to elect candidates of their choice. Challengers argued the districts were racial gerrymanders lacking a sufficiently strong evidentiary basis.
Frequently Asked5
When does a supervising lawyer become responsible for a subordinate's rule violation under Rule 5.1(c)(2)?+
Responsibility attaches when the supervisor has managerial or direct supervisory authority, knows of the conduct at a time when its consequences can be avoided or mitigated, and fails to take reasonable remedial action. The rule imposes an affirmative duty to act promptly once knowledge arises.
Supporting sources
What constitutes reasonable remedial action after a lawyer learns of a false court filing?+
Reasonable remedial action includes promptly directing a corrective filing, notifying opposing counsel, or taking other steps that limit sanctions or prejudice while the case remains pending. An eleven-day delay that allows sanctions to be sought is not reasonable.
Supporting sources
Sense 2
2
Sense 2
A measure intended to restore long-term environmental quality or permanently alleviate pollution after a hazardous substance release, as distinguished from short-term removal actions.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Dictionaries
Examples1
FDA Order for Device Correction
After finding that a medical device presented an unreasonable risk of substantial harm, the FDA ordered the manufacturer to repair or replace the device and to cease distribution. The manufacturer argued that state tort claims were preempted. The Court noted that the FDA's authority to order such remedial action did not automatically displace common-law remedies.
After a trial finding that the city had likely violated Title VII, the district court approved a consent decree containing affirmative-action provisions that benefited some nonvictims. Intervenors challenged the decree on equal-protection grounds. The court treated the decree as remedial action supported by a firm basis in the evidence of past discrimination.
Martin v. Wilkes490 U.S. 755, 762 n.2 (1989)
School Assignment Plan Challenged
Seattle and Louisville school districts adopted student-assignment plans that considered race to achieve greater integration. Parents challenged the plans under the Equal Protection Clause. The districts defended the plans as remedial action, but the Court required a strong basis in evidence of the districts' own past discrimination before such measures could be upheld.
Parents Involved in Community Schools v. Seattle School District No. 1551 U.S. 701, 127 S. Ct. 2738, 168 L. Ed. 2d 508 (2007)
Employer Response to Harassment Complaint
An employee complained that a supervisor created a racially hostile work environment. The university investigated, transferred the supervisor, and provided training. The employee sued, claiming the university was negligent. The Court examined whether the employer knew or should have known of the harassment and failed to take prompt remedial action.
Vance v. Ball State University570 U.S. 421 (2013)
Does a general instruction to be more careful in the future satisfy the duty to take remedial action?+
No. A nonspecific caution about future work does not address the immediate consequences of an already-filed inaccurate document. The rule requires action directed at mitigating the known violation while mitigation remains feasible.
Supporting sources
How does prompt clawback after an inadvertent privileged disclosure relate to remedial action?+
Promptly demanding return or sequestration of the document and moving to bar its use satisfies the requirement of reasonable steps to rectify an inadvertent disclosure. Such conduct supports a finding that privilege was not waived.
Supporting sources
What evidence supports a finding that remedial action for past racial discrimination is necessary?+
A strong basis in evidence, such as prior judicial findings of discrimination or a history of official racial discrimination within the jurisdiction, is required before race-conscious remedial measures may be upheld.
Supporting sources
is required." Id., at 286 (opinion concurring in part and concurring in judgment). Such a belief was clearly justified in these cases. After conducting the 1976 trial and finding against…
if, inter alia , it concludes that a device "presents an unreasonable risk of substantial harm to the public health" and that notice of the defect "would not by itself be sufficient to…
. See Ellerth , 524 U. S., at 768–769 (THOMAS, J., dissenting) (citing cases). When the issue eventually reached this Court, we agreed that Title VII prohibits the creation of a hostile…
Professional ResponsibilityRegulation of the legal profession · Responsibilities of partners, managers, supervisory and subordinate lawyersMPREFoundational