..., we must first consider amore general matter-whether the ERISA section justmentioned (ERISA'... Nonetheless, we find that a different equity-related ERISA provision, to which the District Cou... 502(a)(3) authorizes "appropriate equitablerelief " for violations of ERISA. Accordingly, the relev... That provisionstates that a "civil action may be brought" by a plan "participant or benefici...
Wrongful collection of license plate fees. Plaintiffs action is grounded in equity. In administrative determinations only money damages may be granted, no equitable relief. Case dismissed, lack of subject matter jurisdiction.
... of fiduciary dutyand requesting equitable relief. The next day, the Nation filex xxxxacxxxx... thxCFC and ixx predecessors when related actions are pxxxxxx elsewhere. Keene Corp. x. United Sta... of the limitations on the suxxxxx matter jurisdiction of the courts"); see axxx Xxxxxxe v. ... See 2 J.Story, Equity Jurisprudence §1xx1a, p. 741 (8tx ed. 1861)("[T]h...
... Those matters which were tried by a jury in England in 1791 are ... tried today and those matters which, as in equity, were tried by the judge in England in 1791 are to... and remedies are created "the right of action should be analogized to its historical counterpart... in contradistinction to suits in which equitable rights alone were recognized at the time of the fr...
... a proof of claim for the defamation action, meaningthat he sought to recover damages for it f... preclusiveeffect and went on to decide the matter itself. 271 B. R.858, 862-867 (CD Cal. 2001); see... adjustment of the debtor-creditor or the equity securityholder relationship, except personal i... himself to the bankruptcy court's equitable power. If the creditor is met,in turn, with a pre...
...The enduring hope is that race should not matter; the reality is that too often it does. . --Justic...The Justices who vote against affirmative action and other race-conscious civil rights policies are... would have no claim to a job, either in equitable estoppel or under civil rights law. . The "legitim...not just legal equity but human ability, .. not just equality as a right...
... Mter the Knudsons filed a state-court tort action to recover from the manufacturer of their car and ... insurance plan by a third party is not "equitable relief" authorized by § 502(a)(3). Held: Because ... of relief that were typically available in equity. [Page 205] . Mertens v. Hewitt Associates, 508 ... to pay a simple indebtedness-or, for that matter, an injunction against failure to pay punitive dam...
Corporate law theory and practice considers shareholder relations with companies and the implications of ownership separated from control. Yet through the Troubled Asset Relief Program (TARP) bailout and the government's resultant shareholding, ownership and control at many companies have merged, leaving corporate theory and practice for the financial and automotive sectors in chaos. The government's $700 billion bailout is a unique historical event; not merely because of its size, but also because of a resulting ripple through corporate scholarship and practice. This article builds on the author's five testimonies before Congress during the financial crisis and implementation of the TARP bailout and his consultation for the Special Inspector General for TARP. After considering corporat...
... do, though perhaps the results of their actions are not always so good as the reasons for them. Th... Asset Relief Program (TARP) bailout, took equity positions in over six hundred of the nation's bank...' votes, but exempts "Designated Matters" from that policy.64 Those Designated Matters incl... that "[n]o injunction or other form of equitable relief shall be issued against the Secretary for a...
... do not traditionally confer a right of action for damages to enforce complixnce. More fundament... it argues primarily connotes equitablerxxxxx. Xxx Black's Law Dictionary 1295 (7th ed. 1999)(de... axx has intentionallylegislatxx on the matter. Cf. Spector v. Norwegian CxuiseLine Ltd., 545 U.... (ixxxxding xxxxxxxx both at law and in equity) . . . available foxsuch a violation to the same e...
... at Rosen Louik & Perry, P.C., filed an action against the driver of the car that caused the acci...(a)(3) of ERISA, seeking "appropriate equitable relief" in the form of a constructive trust or an ... District Court had jurisdiction over this matter under 28U.S.C. § 1331 and 29U.S.C. § 1132(e)(1).... (i.e., prior to the merger of law and equity) were typically available in equity." Cigna Corp. ...
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