Topic
Equitable Relief
115 published works
Beneficially Yours
Equitable in Name Only?: Tracing a Long and Tortured Path
By: Jules Levenson, Meg Troy and Ian H. Morrison Knowingly spending money that isn’t yours sounds like a no-no, but depending on how the Supreme Court rules in Montanile v.…
New York Business Divorce
Dissociated LLC Member Faces “Equitable” Forced Buy-Out
Equity jurisprudence cozies up to LLCs in the appellate ruling highlighted in this week's New York Business Divorce involving the forced sale of a dissociated member's interest.
Boston ERISA & Insurance Litigation Blog
What Osberg v. Foot Locker Teaches About Equitable Remedies Under ERISA
Is Osberg v. Foot Locker a tipping point? Only time will tell, but it has that feel about it. I have written extensively in the past on the orphan-like status…
Compensation & Benefits Blog
Third Circuit Rules That Actual Harm Needed for Monetary Equitable Remedy
The Third Circuit recently held that a plaintiff was not entitled to a monetary, equitable remedy under ERISA § 502(a)(3) where he failed to prove actual harm. Perelman v. Perelman,…
New York Business Divorce
Wash Hands Before Suing
A recent First Department ruling in Sansum v. Fioratti is one of the few reported instances in which the defense of unclean hands was successfully asserted to defeat on the…
Sixth Circuit Appellate Blog
En Banc Court Overturns Prior ERISA Decision
Yesterday, the Sixth Circuit issued its en banc decision in Rochow v. Life Insurance Company of North America, No. 12-2074. The original panel decision (which we previously discussed here) held…
Delaware Chancery Law Blog
Court of Chancery Lacks Jurisdiction over Monetary Claims without Equitable Relief
On December 18, 2014, in the decision of Morgan v. Carpenter, C.A. No. 9324-ML (Del. Ch. Dec. 18, 2014), the Master in Chancery issued a Final Report recommending that the…
Corporate Defense and Disputes
SEC May Be Forced to Adhere to a Five Year Statute of Limitations for all Actions
By Jessica Fisher, Sigal Mandelker
SEC v. Graham, No. 13 Civ. 10011 (KLG), 2014 WL 1891418 (S.D. Fla. May 12, 2014), a recent decision by the Southern District of Florida, may be a dagger in…
New Jersey Law Blog
New Jersey Supreme Court Confers Greater Equitable Powers to Chancery Court Judges When Adjudicating Intra-Company Disputes
In 1993, the New Jersey Supreme Court conferred great powers to Courts when adjudicating minority oppression claims. Brenner v. Berkowitz, 134 N.J. 488 (1993). Last year, the New Jersey Supreme…
Compensation & Benefits Blog
Plaintiff’s Claim for Estoppel, Reformation and Surcharge Strikes Out
A divided panel of the Ninth Circuit recently held that plaintiff Gregory Gabriel could not recover, as “appropriate equitable relief,” pension benefits he thought he was owed from the Alaska…