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Equitable Relief

115 published works

  1. New York Business Divorce

    Court Decision Boosts Equitable Buy-Out Remedy in LLC Dissolution Case

    By Peter A. Mahler

    A decision last month by Justice Carolyn Demarest in Mizrahi v. Cohen adds to the short but growing list of LLC dissolution cases in which courts have ordered equitable buy-outs…

  2. inversecondemnation.com

    Final Amicus Brief In Cal Raisin Takings Case: Property Owner Can Raise Equitable Takings Defense

    By Robert H. Thomas

    Here's what we think is the final top-side amicus brief in Horne v. United States Dep't of Agriculture, No. 12-122 (cert. granted. Nov. 20, 2012), supporting the petitioner/property owner. Filed…

  3. Boston ERISA & Insurance Litigation Blog

    Back to the Future on a US Airways Flight: Notes on Oral Argument in McCutchen

    By Stephen Rosenberg

    I don’t know how many of you have had a chance to read, or have any interest in reading, the transcript of the argument yesterday in McCutchen, but its actually…

  4. Beneficially Yours

    Supreme Court Hears Oral Argument (Yet Again) Regarding Equitable Remedies Under ERISA — U.S. Airways, Inc., V. McCutchen

    By Seyfarth Shaw LLP

    By:  Ian H. Morrison and Barbara H. Borowski Yesterday, the Supreme Court of the United States heard oral argument in U.S. Airways, Inc. v. McCutchen, a case we previously wrote…

  5. Boston ERISA & Insurance Litigation Blog

    McCutchen at the Supreme Court

    By Stephen Rosenberg

    US Airways, Inc. v. McCutchen is scheduled to be argued at the Supreme Court tomorrow, the next round in the on-going investigation by the Court of the scope of equitable…

  6. Class Action Lawsuit Defense

    Fourth Circuit Expands ERISA Equitable Remedies

    By Paul Enockson

    Editors' Note:  This post is a joint submission to Baker's Class Action Lawsuit Defense and Employment Class Action blogs. ERISA class action litigation differs in important respects from many other types of…

  7. Employment Class Action Blog

    Fourth Circuit Expands ERISA Equitable Remedies

    By Greg Mersol

    Authorship credit: Paul S. Enockson Editor's Note: This post is a joint submission to Baker Hostetler's Class Action Lawsuit Defense blog.   ERISA class action litigation differs in important respects…

  8. New York Business Divorce

    The Court’s Equitable Power to Remove and Replace a Limited Partnership’s General Partner

    By Peter A. Mahler

    Equitable remedy trumps pick-your-partner, is one way to describe the outcome in Garber v. Stevens, decided last month by Justice Eileen Bransten, who granted a motion by limited partners to…

  9. Boom: The ERISA Law Blog

    9th Circuit: Equitable Remedies Post-Amara — Mere Violations of Law Do Not Establish “Harm” Justifying Equitable Remedies

    By Mike Reilly

    What equitable remedies are available to plan participants? As you probably know, CIGNA v. Amara, 131 S.Ct. 1866, 1878-80 (2011) contains dicta that can be viewed as expanding the range…

  10. PropertyProf Blog

    Gergen, Golden, and Smith on Permanent Injunctions

    By propertyprof

    Mark Gergen (Berkeley), John Golden (Texas), & Henry Smith (Harvard) have posted The Supreme Court's Accidental Revolution? The Test for Permanent Injunctions (Columbia) on SSRN.  Here's the abstract:A brusque opinion…