Rickman v. Modern American Mortgage Corp.

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 | 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” | “Congress intended citizen suits to both goad the responsible agencies to more vigorous enforcement of the antipollution standards and, if the agencies remained inert, to provide an alternate enforcement mechanism.” (internal citation omitted)