News & Analysis as of

Equitable Relief

Avoiding State Law Pitfalls (Part 2 of 4)

by Bryan Cave on

This is the second hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #2 - A manager of a Chicago, Illinois restaurant calls you regarding a long-term employee...more

Sixth Circuit Rejects Per Se Rule Automatically Mooting Sale Appeals in the Absence of a Stay

by Jones Day on

Debtors beware: The Sixth Circuit Court of Appeals has recently expanded the ability of parties to appeal a bankruptcy court's approval of a sale of assets notwithstanding the statutory mootness rule set forth in section...more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

by Knobbe Martens on

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

US Supreme Court Intimates That the SEC’s Use of Disgorgement May Be Subject to Five-Year Statute of Limitations

On April 18, 2017, the US Supreme Court heard oral arguments in Kokesh v. Securities and Exchange Commission regarding whether disgorgement ordered by the US Securities and Exchange Commission (SEC) is subject to the...more

Supreme Court Corner: Q1 2017

by DLA Piper on

Star Athletica v. Varsity Brands COPYRIGHT – DECIDED: MARCH 22, 2017 HELD: An artistic feature of the design of a useful article is eligible for copyright protection if the feature (1) can be perceived as a two- or...more

Supreme Court Decision Alters Patent Defense Landscape

by Polsinelli on

In a highly-anticipated ruling, the Supreme Court held that patent holders can recover damages for infringement even when the patent holders unreasonably delayed filing a lawsuit. In SCA Hygiene Products AB v. First Quality...more

Eleventh Circuit: Arbitration Clauses Are Like Makeup – They Only Cover So Much

by Dorsey & Whitney LLP on

The Kardashians, America’s favorite celebrity family, have been having a tough time of late, with Kim Kardashian being robbed at gunpoint in her Paris apartment, and her husband Kanye West attracting criticism for his support...more

California Court Declines to Issue DTSA Seizure Order

On January 6, 2016, the U.S. District Court for the Northern District of California issued one of its first decisions interpreting the ex parte seizure provisions found in the recently enacted Defend Trade Secrets Act of 2016...more

Foreclosures – Enforcement of Judgments – Equitable Redemption

by Low, Ball & Lynch on

Yung-Shen Steven Lee v. Howard Rich - Court of Appeal, Fourth Appellate District (November 30, 2016) - In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure...more

ERISA: How Do You Spell (Equitable) Relief?

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 equitable relief should be dismissed… Here’s the case of...more

Hold on to Your (Top) Hat: ERISA Section 502(a)(3) May Be Used to Enforce the Terms of a “Top-Hat” Benefits Plan

by Zuckerman Spaeder LLP on

Thanksgiving is typically a time for gratitude, gathering with family, and acts of kindness among fellow men and women. But in one recent case, a bank used Thanksgiving to force-feed a separation agreement to its outgoing...more

Mayflower Seafood of Goldsboro Agrees To Pay $81,500 To Settle EEOC Sexual Harassment Lawsuit

Server/Cashier at Restaurant Subjected to Sexual Harassment and Then Retaliation for Complaining About It, Federal Agency Charged - RALEIGH, N.C. - A Goldsboro, N.C., seafood restaurant will pay $81,500 and furnish other...more

Windsor Inn Will Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Harassed Female Employees, Federal Agency Said - BALTIMORE - A Baltimore restaurant, R.V. Associates Limited, doing business as Windsor Inn, will pay $200,000 and furnish significant equitable relief to...more

How to Determine Whether the Statute of Limitations or Laches Applies

by Morris James LLP on

Lawyers who practice in the Delaware Court of Chancery probably can recite the shorthand rule that, for most claims, the Court of Chancery will decide whether a claim is filed too late by application of the statute of...more

Is Rescission Ever Legal?

by Allen Matkins on

Yesterday’s post concerned when a corporation’s rescission of the issuance of shares does not constitute a “distribution to its shareholders” as defined in Section 166 of the California Corporations Code. I noted that one of...more

Court Affirmed Award of Prejudgment Interest On Fee Forfeiture Award

by Winstead PC on

In Holliday v. Weaver, clients obtained a fee forfeiture award against an attorney for breach of fiduciary duty related to the improper use of settlement proceeds. No. 05-15-00490-CV, 2016 Tex. App. LEXIS 7264 (Tex....more

Chancery Declines to Require Buyer to Complete Merger Transaction

by Morris James LLP on

Parties who at the signing of a merger agreement are eager to close may have a change of heart if intervening adverse market conditions reduce or eliminate the economic benefits. Those changing market conditions often do...more

Defence & Indemnity - June 2016: I. INSURANCE ISSUES

by Field Law on

A. Where a party pleads equitable relief (such as rescission, estoppel or relief from forfeiture) with respect to an insurance policy, the claim cannot be heard by a jury Maynard v. Alberta Motor Assn., 2015 ABQB 564,...more

Eleventh Circuit Rules Disgorgement No Different Than Forfeiture, Barring SEC From Seeking Ill-Gotten Gains Outside Five-Year...

A three judge panel in the Eleventh Circuit issued a ruling last Thursday in Securities and Exchange Commission v. Barry Graham et al., Case No. 14-13562, holding—contrary to several other circuits—that the remedy of...more

What To Know About Website Accessibility Claims

The new battleground for Plaintiffs filing ADA accessibility cases involves claims of barriers not in physical space but in cyber space. The Plaintiffs’ bar has become more aggressive in filing claims asserting that public...more

ERISA — 9th Circuit: Plaintiffs Can Now Simultaneously Bring Benefit Payment and Equitable Claims

Lane Powell attorney Mike Baylous writes an excellent summary here on big changes to ERISA in the 9th Circuit. Remember that old argument that equitable claims should be dismissed because they are duplicative?...more

Phil Mickelson is very glad United States v. Newman is the law in the Second Circuit.

by Brooks Pierce on

Phil Mickelson, whom the SEC describes as a “successful professional golfer,” was not charged with insider trading earlier today. I wasn’t either, and I’m glad about that. And you probably weren’t either! High fives all...more

Supreme Court Limits ERISA Reimbursement Rights: Insurers Will Need to be Diligent

On January 20, 2016, the United States Supreme Court held that an ERISA plan could not satisfy its reimbursement rights from a participant’s general assets. ERISA plans’ reimbursement rights are now so limited that...more

Ninth Circuit Rulings on Equitable Mootness in Transwest and Sunnyslope Impact Third Party Investors

The doctrine of equitable mootness provides that Chapter 11 reorganization plans will be deemed moot, and therefore not subject to appellate review, if a plan has been substantially consummated and granting appellate relief...more

Statutory and Contractual Limitations Periods and the Events that Trigger Them: Insight from the Fourth Circuit

by Wilson Elser on

The Employee Retirement Income Security Act of 1974 (ERISA) does not contain a statute of limitations provision, and courts generally apply the most analogous state law statutory limitation. However, some plans fill the void...more

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