Topic
Equitable Relief
115 published works
Boston ERISA & Insurance Litigation Blog
Insurance Coverage for Disgorgement or other Equitable Remedies
You say disgorgement, I say damages. Sorry, I couldn’t, try as I might, make that fit into the old lyric “you say tomato, I say tomahto, lets call the whole…
Delaware Corporate & Commercial Litigation Blog
Chancery Exercises Jurisdiction in Dispute Among Shareholders of Foreign Corporation
Darby Emerging Market Fund, L.P. v. Ryan, Consol. C.A. No. 8381-VCP (Del. Ch. Nov. 27, 2013). This Chancery decision addressed whether the Court had equitable jurisdiction over a dispute among…
Beneficially Yours
If you think “it’s not worth the paper it’s printed on” — think again
By: Ian Morrison Sometimes in life, it’s OK to dismiss proper documentation as unimportant. But seldom if you are an ERISA lawyer or benefits professional. Estoppel claims and other attempts…
Employment & Labor
Fifth Circuit Ends “Texas Shell Game,” Holding that Plan Has an Equitable Remedy for Reimbursement
In a post from last year, I reported on how the Fifth Circuit had issued a decision In ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512, 514 (5th Cir.…
Employment & Labor
Fifth Circuit Ends “Texas Shell Game,” Holding that Plan Has an Equitable Remedy for Reimbursement
In a post from last year, I reported on how the Fifth Circuit had issued a decision In ACS Recovery Servs., Inc. v. Griffin, 676 F.3d 512, 514 (5th Cir.…
Employment & Labor
Upcoming Webinar: “ERISA Equitable Remedies After McCutchen and Amara”
I will be speaking in an upcoming live phone/web seminar, "ERISA Equitable Remedies After McCutchen and Amara" scheduled for Wednesday, July 10, 1:00pm-2:30pm EDT. Because you are a reader of…
Boston ERISA & Insurance Litigation Blog
The Scope of Equitable Relief Under ERISA: Blue Cross & Blue Shield of Rhode Island v. Korsen
The equitable remedies prong of ERISA was, for many years, a place where theoretically good claims went to die: courts were wary of providing expansive recovery under it, and thus…
Employment & Labor
US Airways v. McCutchen: Supreme Court Revisits, Again, the Scope of Equitable Remedies
Disputes over what equitable remedies are “appropriate” under ERISA continue to percolate up to the Supreme Court. In its most-recent decision on the issue, US Airways, Inc. v. McCutchen (April…
New Jersey Law Blog
Courts May Use Equitable Powers to Order A Mandatory Purchase of Stock if Oppression is Found
The Minority Oppression statute sets forth four remedies which a Court "may" order to remedy oppressive conduct. The Minority Oppression Statute provides that a Court may appoint a custodian, appoint…
Boom: The ERISA Law Blog
Subrogation Claims are “Equitable Relief” Governed by ERISA
By Mike Reilly
That subrogation claim you have might be governed by ERISA, at least in some circuits… Here’s the case of Thurber v. Aetna Life Insurance Company, __F.3d__ (2nd Cir. March 13,…