The alleged failure to mail out a form explaining the availability of supplemental spousal liability coverage to its insured does not rise to the level of conduct so egregious as to warrant application of the equitable remedy
Thinking "outside the box," before that phrase was in vogue, Judge Bergan crafted a more equitable remedy
that balanced the harm to plaintiffs' property against the socio-economic realities of the situation.
In other words, a party can sometimes avoid liability under the contract entirely through the equitable remedy
of rescission, or a party may be able to convince a court to alter the contract consistent with the understanding of the parties at formation through the equitable remedy
The court of appeals reversed and remanded that decision with instructions to "fashion an equitable remedy
to redress the violation of plaintiff's constitutional and statutory rights." In 2000 Kidd received a $132,000 settlement from the state of California.
The appellate court, citing the decisions of both Bankfirst and Beta Real, held that there could be no jurisdiction over Danzas Taiwan for commission of a tortious act in Florida "because there is no cause of action against Danzas Taiwan for conspiracy to engage in fraudulent transfers." (14) Thus, Freeman and its predecessors in Florida's appellate courts unequivocally and unanimously define an action under Florida's Uniform Fraudulent Transfer Act as a creditor's equitable remedy
, and they further agree this statute gives creditors no cause of action in tort against nontransferees for aiding and abetting or civil conspiracy.
Because rescission of a contract is an equitable remedy
, only the elements of equitable fraud need to be proven by the plaintiff in his effort to avoid a damage limitation clause.
SS 2415 inapplicable because the Commission was asking for disgorgement, an equitable remedy
, rather than Money damages as SS 2415 requires); Lori?4'869 F.
Massachusetts,(15) which held that reimbursement to a state of Medicare subsidies was not a claim for "money damages" under the Administrative Procedure Act because it was in the nature of restitution, which is an equitable remedy
providing for the recovery of specific property or monies, rather than monetary compensation for injury to the claimants person or property.
The justices held that courts have the power to award attorney fees as an equitable remedy
in exceptional cases an issue that had not reached the court until Stafsholt's case The high court also found that Needham had been correct in letting one of the loan servicers in the case collect interest on the loan's principal during the time Stafsholt had defaulted.
He noted that [F]ather's act of disregarding his own dissolution decree is a sufficient basis for the district court to impose an equitable remedy
on the wrongfully assigned benefits even though the recipient of those benefits did nothing wrong.
Whether a state law equitable remedy
would be effective here is an open question.
3d DCA 2005) (a decree of specific performance is an equitable remedy
); 381651 Alberta, Ltd.