Topic
Equitable Relief
115 published works
Legal Theory Blog
Kim on the Australian Common Law Procedures Act
David Kim (Banki Haddock Fiora) has posted ‘A Turbid Admixture’: The Long Shadow of the Common Law Procedure Act 1854 (44 Adelaide Law Review 373) on SSRN. Here is the…
Wills, Trusts & Estates Prof Blog
Article: “Equity has No Place Here”: Should Equitable Remedies be Available to Reverse Failed Tax Planning?
Adam S. Hofri-Winogradow (Peter A. Allard School of Law, the University of British Columbia) recently published, “Equity has No Place Here”: Should Equitable Remedies be Available to Reverse Failed Tax…
Wills, Trusts & Estates Prof Blog
Article: “Equity has No Place Here”: Should Equitable Remedies be Available to Reverse Failed Tax Planning?
Adam S. Hofri-Winogradow (Peter A. Allard School of Law, the University of British Columbia) recently published, “Equity has No Place Here”: Should Equitable Remedies be Available to Reverse Failed Tax…
Sidley Austin Blog
Controller’s Breach of Fiduciary Duties Leads To Novel Remedy
By Connor P. Wise, Alex J. Kaplan
Vice Chancellor Laster’s opinion in In re Dura Medic Holdings, Inc. is a helpful reminder of potentially bespoke equitable remedies available for breaches of fiduciary duties. The case involved claims…
Westchester Commercial Division Blog
New Jurisdictional Thresholds for Equitable and Declaratory Relief Cases
By Brian Cohen
On January 28, 2025, New York State’s Chief Administrative Judge signed Administrative Order #38-2025, setting in motion significant changes for the Commercial Division’s jurisdiction over cases seeking only equitable or…
California Corporate & Securities Law Blog
It Is More Than Conceivable That The Court Of Chancery Would Correct Statutory Law
The most distinguishing feature of Delaware law is that it is interpreted and applied by a court of equity. A recent post by Professor Stephen Bainbridge illustrates this point: The…
New York Commercial Division Practice
The Commercial Division Proposes a Monetary Threshold for Equitable and Declaratory Relief: Implications and Insights
One of the ongoing goals of the New York State Office of Court Administration (“OCA”) is to periodically update and refine the jurisdictional criteria for the Commercial Division to ensure…
Wills, Trusts & Estates Prof Blog
Article: Knowing Receipt and "Equitable Proprietary Rights": Byers v Saudi National Bank
Aryan Mohseni (University of Sydney Law School) recently published, Knowing Receipt and "Equitable Proprietary Rights": Byers v Saudi National Bank, 2024. Provided below is an Abstract: In Byers v Saudi…
ContractsProf Blog
Arbitrability of Equitable Claims, Including ERISA Claims, to Be Decided by Court
Plaintiff Aramark Services, Inc. (Aramark) sponsors group health plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). It hired defendant Aetna Life Insurance Company (Aetna) to administer…
HEIRS & SUCCESSES
Standing & Interlocutory Injunction
An Interlocutory Injunction is an equitable remedy designed to maintain the current situation by stopping one party from carrying out, repeating, or continuing a wrongful act before a trial occurs.…