Discover how equitable relief works as a court-granted remedy, compelling action or restraint when typical legal remedies fall short of providing sufficient restitution.
The Fourth Circuit weighed in on the complex area of equitable relief under ERISA § 502(a)(3), holding that recovery under an unjust enrichment theory may provide claimants with an alternate path to ...
Congress drafted ERISA to focus largely on those who make final, discretionary decisions about plan management, administration or assets. These are the “fiduciaries,” and they are bound by ERISA’s ...
The California Revised Uniform Limited Liability Company Act, Corporations Code Section 17701.01 et seq., does not provide an LLC member owning less than 50% with a guaranteed right to be bought out.
Taxpayers are continually testing the legal definitions of “personal physical injuries” and “physical sickness.” The Tax Court recently decided an “equitable remedy” settlement did not meet the ...
On May 30, 2023, the Appellate Division, First Department, decided 301 East 60th Street LLC v. Competitive Solutions LLC, 217 AD3d 79 (1st Dept. 2023) (Competitive Solutions)—the first decision to ...
The next edition of Ames, Chafee, and Re on Remedies is off to the publisher (Foundation) for next fall, and I'm going to write a series of posts about the revision. Who is the audience for these ...