Equitable Remedy

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Equitable Remedy

Court-ordered action that directs parties to do or not to do something; such remedies include injunctive relief and Specific Performance. Alternatively, a non-monetary remedy, such as an Injunction or specific performance, obtained when a legal remedy such as money damages cannot adequately redress the injury.

References in periodicals archive ?
The Court noted that the verbs accompanying "restrain" in the statute, "enjoin" and "suspend," are terms of art in equity jurisprudence that refer to different equitable remedies that restrict or stop official action.
In order to dispose of the charges, F-Squared agreed to numerous equitable remedies and, a disgorgement of $30 million, and a penalty of $5 million.
Instead it gives plan members contractual and equitable remedies for injuries caused by HMO decisions.
Editorial includes: sources and applications of damages theories and equitable remedies, and the elements of proof by which they can be established and defeated; the array of damages to which participants in the construction process are exposed; and, advice on techniques for presenting damages in a dispute.
Legal alternatives are being explored to find equitable remedies to relieve us of our financial burden,'' spokeswoman Linda Solcich said.
7) Congress recognized that traditional equitable remedies, such as injunctions against certain practices, affirmative orders to upgrade facilities and orders to increase staff size, were adequate remedies to achieve the minimum corrective measures in CRIPA settlements.
1997) ("The public nuisance doctrine is aimed at the protection and redress of community interests and, at least in theory, embodies a kind of collective ideal of civil life, which the courts have vindicated by equitable remedies since the beginning of the 16th century").
The power of the courts to award damages and equitable remedies, including monetary relief, under Section 504 has opened up because the sex discrimination law is similar to Section 504's prohibition of discrimination on the basis of a disability (Mattison & Hakola, 1992.
8) But apart from crime, the great body of property rules are enforced by courts through equitable remedies such as injunctions and specific performance-remedies that historically have been surrounded by a cloud of judicial discretion.
However, knowing participants still are subject to additional equitable remedies, including the requirement to make restitution, which generally is limited to restoring ill-gotten gains--usually in the form of nonfiduciaries' fees--instead of the entire amount of the questionable plan transaction.
According to the Court of Appeals decision for the District of Columbia in Sparrow, the recoveries allowed under Title VII constitute equitable remedies of relief as distinct from the damages potentially recoverable in tort cases.