Topic
Equitable Relief
115 published works
Corporate & Financial Weekly Digest
Fourth Circuit Holds That Contractual Language Does Not Compel Court to Grant Equitable Relief
Co-authored by Jason Clouser. The U.S. Court of Appeals for the Fourth Circuit recently affirmed the denial of a preliminary injunction motion by Bethesda Softworks, LLC (Bethesda), finding that the…
Boston ERISA & Insurance Litigation Blog
Amara
Well, I’m not going to beat Amara to death right now, and hopefully I will be back later on with more thoughtful comments on the decision. However, this wouldn’t be…
Delaware Corporate & Commercial Litigation Blog
Chancery Refers Non-Equitable Case to Superior Court; Suggests New Complex Commercial Litigation Division
Massachusetts Mutual Life Insurance Company v. Certain Underwriters at Lloyd’s of London, C.A. No. 4791-VCL (Del. Ch. Sept. 24, 2010), read opinion here. A prior decision by the Court of…
Delaware Corporate & Commercial Litigation Blog
Delaware Supreme Court Addresses Appropriate Remedy for Breach of Fiduciary Duty
Lingo v. Lingo, No. 713, 2009 (Del. Supr., June 10, 2010), read opinion here. The factual background of this Delaware Supreme Court decision involves a faithless fiduciary who abused the Power of Attorney given…
New York Business Divorce
Appeals Court Upholds Equitable Buyout Remedy in LLC Dissolution
Last week the Appellate Division, Second Department, affirmed a lower court's order directing an "equitable" buyout of an LLC member who petitioned for dissolution, notwithstanding the omission of a buyout…
NJ Family Legal Blog
Supreme Court Affirms Kay Decision – Estate of Litigant Who Dies During Divorce Can Make Equitable Claims
Previously, I blogged on the Appellate Division's reported (precedential) decision in Kay v. Kay. The New Jersey Supreme Court granted Certification and the decision was rendered on January 6, 2010. In a…
NJ Family Legal Blog
Appellate Division Holds That The Estate of a Spouse Who Died During Pending Divorce Is Not Barred from Seeking Equitable Relief
On January 28, 2009, the Appellate Division issued a reported (precedential) opinion in Kay v. Kay that held that when the estate of a spouse who died while an action for…
Construction Law
Finding Surety Sufficiently Pled for Quia Timet, Court Denies Motion to Dismiss
By K&L Gates
Safeco Ins. Co. of America v. Tarragon Corp., 2008 WL 427969 (M.D. Fla. Sept. 16, 2008) In Safeco, a third-party sued a general contractor and a surety in state court…
Labor Law Prof Blog
ERISA Reform Legislation Effort
Colleen Medill (Nebraska) writes us:Professor Colleen Medill at the University of Nebraska College of Law has agreed to help the Amschwand family identify members of Congress who may be interested…
New York Business Divorce
Court Orders Return of Investment as Equitable Remedy in LLC Dissolution Proceeding
A post-trial decision by Westchester Supreme Court Justice Alan Scheinkman tackles a novel remedial issue in an LLC dissolution involving 50-50 partners who went from friendship to fisticuffs over their…