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Mar 31, 2021 · Equitable Relief: A court-granted remedy that requires a party to act or refrain from performing a particular act. Equitable relief is provided in civil claims involving torts or contract disputes ...
- Will Kenton
Today, separate courts of chancery have largely been abolished, as the same court that may fashion a legal remedy has the power to prescribe an equitable one. Expansion of Equitable Relief. Courts are sometimes hesitant to impose equitable relief, particularly specific performance.
The remedy resulting from a claim of estoppel. Equitable relief is distinguished from remedies for legal actions in that, instead of seeking merely monetary damages, the plaintiff is seeking that the court compels the defendant to perform a certain act or refrain from a certain act. Common types of equitable relief are injunctions, specific ...
Mar 22, 2024 · Equitable remedies, also referred to as “in personam” remedies, orders an individual or entity to do something, or stop doing something. In other words, legal remedies allow the court to do something for the plaintiff, whereas equitable remedies allow the court to do something to the defendant. A plaintiff may seek either legal or equitable ...
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Mar 30, 2023 · Equitable tolling gives courts discretion to forgive plaintiffs’ failure to file their petition within the time period prescribed by statute or procedural rule.83 The doctrine of equitable tolling is a “long-established feature of American jurisprudence,” and “Congress ‘legislates against a background of common-law adjudicatory ...
Harris, it becomes apparent that there is no rule of law that precludes equitable relief and requires that the preliminary injunction be set aside. “In reviewing such interlocutory relief, this Court may only consider whether issuance of the injunction constituted an abuse of discretion.” Brown v. Chote, 411 U.S. 452, 457 (1973).
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Jan 25, 2018 · Rather, a federal court’s power to impose an equitable remedy stems, if at all, from the legal authority that establishes the underlying right. For state-law claims, a federal court must apply state statutes and precedents—not uniform, centrally devised federal standards—to determine the availability of equitable relief.
