Topic
Equitable Relief
115 published works
Employer Law Report
Supreme Court Signals It May Address Whether “Make-Whole” Remedy Constitutes Equitable Relief Under ERISA
As we noted in our recent discussion of LaRue v. DeWollf, Boberg & Assoc., Inc., the Supreme Court’s highly anticipated decision avoided the troubling issue of what constitutes equitable relief for purposes…
Boston ERISA & Insurance Litigation Blog
Researching Pension Related Litigation
Dying is easy, comedy is hard? No, ERISA is hard. I tell people all the time that there is almost no such thing as a simple answer to an ERISA…
Boston ERISA & Insurance Litigation Blog
More on that Grand Irony Theory
Does the fact pattern below allow for a remedy under ERISA, particularly as the Sereboff/equitable relief line of cases has been interpreted in the First Circuit to date? The plaintiff…
Securities Law Prof Blog
Langevoort on Entity vs. Individual Liability
On Leaving Corporate Executives Naked, Homeless and Without Wheels: Corporate Fraud, Equitable Remedies, and the Debate Over Entity Versus Individual Liability, by DONALD C. LANGEVOORT, Georgetown University Law Center, was…
British Columbia Insurance Blog
An insured may not elect to proceed with a trial by jury when relief from forfeiture is sought.
A jury is not entitled to award the remedy of relief from forfeiture. An insured may not elect to proceed with a trial by jury when an equitable remedy, such…
Sentencing Law and Policy
Ninth Circuit panel reverses course on equitableBookerrelief
Main September 11, 2007Ninth Circuit panel reverses course on equitable Booker reliefToday, a Ninth Circuit panel in Carrington v. US, No. 05-36144 (9th Cir. Sept. 11, 2007) (available here) decided…
Sentencing Law and Policy
Bizarro execution week
Main July 12, 2007Bizarro execution weekThe headlines of the two most recent posts at Capital Defense Weekly — Stay: Texas and South Dakota Kills — highlight what a strange death…
Boston ERISA & Insurance Litigation Blog
Me and LaRue, and Business Insurance Too
There is an article in Business Insurance magazine this week, the June 25th issue, on the Supreme Court accepting review of the LaRue decision, in which I am quoted. The…
Labor Law Prof Blog
PING: The Fourth Circuit on Equitable Relief and Varity v. HoweURL: http://www.bostonerisalaw.com/archives/equitable-relief-the-fourth-circuit-on-equitable-relief-and-varity-v-howe.htmlIP: 206.135.15.187BLOG NAME: Boston ERISA Law BlogDATE: 12/18/2006 10:38:29 AMHere is a neat post about a decision last week out of the Fourth Circuit concerning when equitable relief can be pursued by a plan participant. Supreme Court precedent already narrowly cabins that type of a claim, and the Fourth…
Every so often as a professor you actually draft an examination which mirrors issues that are going on in the "real world." Imagine that. Case in point: Korotynska v. Metropolitan…
Delaware Corporate & Commercial Litigation Blog
Flexibility of Equitable Remedies
This article discusses 2 recent Chancery Court decisions that provided creative remedies to address improprieties by the 90% owner and the 50% owner of equity in 2 separate closely-held entities.…