Rickman v. Modern American Mortgage Corp.

How later courts describe this case

• holding that the Constitution does not waive the Government's sovereign immunity in a suit for damages
• holding that equitable relief may be available in cases of “continuing negligence”
• holding defendant liable for publishing a statement that “can reasonably be viewed as either fact or opinion” would impose a chilling effect on speech
• "(T)he standard for awarding a judgment n. o. v. is the same as that applied when ruling on a motion for a directed verdict."
• "The failure of counsel to assert every novel, albeit plausible, legal theory in the defense of an accused does not in itself reflect his ignorance of the law."
• purportedly equitable action is not one for damages if it cannot be satisfied by the payment of money
• administrative proceeding not a “court” proceeding because State lacked power to assess statutory penalties or enjoin violations, and did not provide citizens with a right to intervene
• “[a] plaintiff cannot transform a claim for damages into an equitable action by asking for an injunction that orders the payment of money”