Campbell discusses prejudgment interest in Tennessee. He surveys the manner in which prejudgment interest is awarded nationwide and then turns to the manner in which it has historically been awarded by Tennessee courts and how it is currently awarded by Tennessee courts. Furthermore, a proposed statutory solution to the current confusion regarding prejudgment interest is presented along with the rationale supporting each proposal.
Summary Judgment, equitable remedy, foreclosure, doctrine of unclean hands.
An employee is entitled to equitable remedies, including an injunction and restitution, for his employer's misrepresentations about the amount of his pension benefits, the 3rd Circuit has ruled. A chemical engineer began working for a company with a pension plan. Thirteen years later, the employee agreed to a permanent transfer to DuPont, where his salary would decrease but he would receive a more generous pension plan.
There may be a perception among some forensic economists that the time horizon for future damages in employment discrimination cases is the period the plaintiff would have remained employed with the defendant employer but for the discrimination. While the discrimination acts and interpretive case law concerning damages are nuanced as a result of the rather archaic distinction between equitable and legal remedies, it is clear that the law recognizes that discriminatory acts may injure an individual's earning capacity. Therefore, the law allows for the equitable relief of front pay and the distinct legal remedy of compensatory damages in the form of future lost earnings. While the former contemplates employment with a specific employer (i.e., the defendant), the latter does not.
An oxymoron is a rhetorical figure in which incongruous or contradictory terms are combined. Rescission is an equitable remedy that has existed before the American Revolution and is an essential part of British and American common law. In California the remedy of rescission is governed by statute. To call a rescission "illegal" is to state an oxymoron. The Association of California Life & Health Insurance Cos (ACLHIC) filed a lawsuit in an effort to keep California from enforcing new anti-rescission regulations presented by the California Department of Insurance, which attempts to change California statutory and common law. The rescission regulations that are the subject of the ACLHIC suit follow Hailey which revealed that in California, the test of rescission is different for healt...
A trade creditor that sells goods or provides services on credit terms to a financially distressed customer risks an uncollectable unsecured claim in the event of the customer's bankruptcy filing. Setoff is an equitable state law remedy that allows entities owing money to each other to cancel out or apply their mutual debts against each other. The debts could arise under either the same or different contracts. A triangular setoff takes place when A offsets an obligation to B against the indebtedness of B's affiliate's, C, to A. The issue with triangular setoff is whether it satisfies Section 553's mutuality requirement. The Bankruptcy Court rejected Chevron's exercise of triangular setoff rights, denying Chevron's lift stay motion. The court ruled that Section 553 prohibits triangular s...
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