Topic
Equitable Relief
115 published works
New York Commercial Division Practice
Money Can Buy You Shares in A Company But It Can’t Buy You Preliminary Injunctive Relief
A preliminary injunction is one of the available provisional remedies, namely, equitable relief entered by a court prior to a final determination of the merits. The relief usually orders a party…
Delaware Corporate & Commercial Litigation Blog
LLCs are Not Only Creatures of Contract
The Delaware Court of Chancery recently addressed the challenged removal of an LLC manager and the validity of written consents. In Godden v. Franco, C.A. No. 2018-0504-VCL (Del. Ch. Aug.…
Delaware Corporate & Commercial Litigation Blog
Chancery Provides Comprehensive Explanation of the Broad Scope and Flexibility of its Equitable Remedial Powers
The most comprehensive description in a Delaware decision in several decades of the broad and flexible authority of the Court of Chancery to fashion an appropriate customized equitable remedy was…
Delaware Corporate & Commercial Litigation Blog
Chancery Describes Broad Powers to Remedy Breach of Fiduciary Duty
A recent decision of the Delaware Court of Chancery provides a mini-treatise on the capacious capacity of the court to fashion creative and customized remedies when a breach of fiduciary…
Delaware Corporate & Commercial Litigation Blog
Equitable Jurisdiction Found Lacking in Debt Action
The Delaware Court of Chancery is a court of equity with limited jurisdiction. Contrary to what some may assume, not all corporate and commercial litigation can be heard in this…
Employment & Labor
It May Be Time to Start Thinking About Equitable Claims Again
A recent decision by the Eighth Circuit Court of Appeals, Jones v. Aetna Life Ins. Co., No. 16-1714, 2017 U.S. App. LEXIS 8112 (8th Cir. May 8, 2017), provides another signal…
Restructuring Globalview
Marshalling Allows Individuals to Benefit from Agricultural Charges
The High Court has recently held that an individual may claim the proceeds of the sale of assets subject to an agricultural charge by the application of the equitable remedy…
Boom: The ERISA Law Blog
ERISA: How Do You Spell (Equitable) Relief?
By Mike Reilly
In an ERISA case, what does it take to assert a claim for equitable relief? If the complaint does not assert an alleged breach of fiduciary duty, the claim for…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 16 Volume 13 – An Equitable Remedy
By Barry Zalma
An Equitable Remedy Insurers should use the remedy with care. If an insurer elects rescission without enough evidence, it can bring the wrath of the courts down on the insurer…
Employee Benefits Blog
Supreme Court Issues Further Clarification on Equitable Relief Remedies Available Under ERISA
The Supreme Court of the United States’ recent ruling in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan holds that an ERISA plan cannot enforce…