Equitable Remedy

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Related to Equitable relief: Declaratory relief

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 ?
In addition, it clarifies that taxpayers can request equitable relief from the IRS with respect to any unpaid liability before the expiration of the collection period (i.e., 10 years after the assessment of tax).
The VA decided to grant those veterans equitable relief. This allows the VA to provide new initial TBI exams within one year from the date of VBA's written notification of equitable relief.
So, if a requesting spouse remains liable for a portion of the underpayment after having been granted equitable relief, the requesting spouse is not eligible for relief for the penalties and interest on that portion.
In the new ruling on Montanile, the Supreme Court majority says an ERISA plan's administrators have no right to use equitable relief to recover from injury settlement money if the patient has spent all of the money on non-traceable items, such as food.
Alternatively, consider an identical scenario, except that the husband paid $99,999 of tax owed at the time the joint return was filed, meaning the return was $1 short of being "full paid."Mary meets all the qualifications for equitable relief from paying the late fifing penalties, late payment penalties, and interest--even if the remaining dollar of underlying tax liability had been subsequently paid.
Spiewacki turned to the common law doctrine of estoppel to seek equitable relief in his case-simply put, that the benefit Ford allegedly promised him had induced him to retire; after he had done so, Ford lowered the numbers.
Due to the historical division between courts of law and courts of equity, common law judges originally lacked the authority to grant any equitable relief. (74) When the Crown abolished the Star Chamber in 1641, English common law courts began to hear defamation claims.
Amara, which, the 7th Circuit wrote, "substantially changes our understanding of the equitable relief under 1132(a)(3)," ERISA's civil enforcement provision.
Although the substantive sections, which address the issue of alleged unconscionable conduct by the respondent, constitute a very small percentage of the judgment, (1) the decision effectively limits the availability of equitable relief in instances of unconscionable behaviour.
"In this same grab for customer Property rights, Instagram's New Terms seek to disclaim liability for damages, prevent customers from obtaining injunctive or equitable relief to ever stop Instagram, limit all statute of limitations to one year, and prevent customer's from challenging Instagram's conduct in a court of law via a no-class-action arbitration clause," the lawsuit detailed.
Seeking equitable relief, in equity-as agent, petitioner avoiding to disclose the address of his foreign principal, suppression of facts, petitioner seeking equitable relief, not ready to act in equitable manner, petitioners held, having not come to court with clean hands cannot seek equitable remedy, as one who seeks Mr.
Under Hew York's equitable relief doctrine, when a borrower defaults on mortgage payments, a lender seeking repayment of a loan may proceed either at law to recover a judgment for the mortgage debt, or may bring an action in equity to foreclose the mortgage, but not pursue both remedies at the same time.