Topic
Equitable Relief
115 published works
New York Business Divorce
Court Decision Boosts Equitable Buy-Out Remedy in LLC Dissolution Case
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…
inversecondemnation.com
Final Amicus Brief In Cal Raisin Takings Case: Property Owner Can Raise Equitable Takings Defense
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…
Boston ERISA & Insurance Litigation Blog
Back to the Future on a US Airways Flight: Notes on Oral Argument in McCutchen
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…
Beneficially Yours
Supreme Court Hears Oral Argument (Yet Again) Regarding Equitable Remedies Under ERISA — U.S. Airways, Inc., V. McCutchen
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…
Boston ERISA & Insurance Litigation Blog
McCutchen at the Supreme Court
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…
Class Action Lawsuit Defense
Fourth Circuit Expands ERISA Equitable Remedies
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…
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…
New York Business Divorce
The Court’s Equitable Power to Remove and Replace a Limited Partnership’s General Partner
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…
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…
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…