Equitable Remedies

1,030 Florida cases classified under this topic, plus 246 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Marshall v. Snyder
  572 F.2d 894· 2d Cir.· 1978-02-17 ·cited 29×·via Equitable Relief Under Erisa
  The court held that the district court had the power to appoint a receiver and grant drastic relief to preserve employee benefit plan assets from dissipation due to fiduciary breaches and violations of ERISA.
• Spangler v. Pasadena City Bd. OF Educ.
  552 F.2d 1326· 9th Cir.· 1977-04-27 ·cited 29×
  The court held that parents who did not formally intervene or join the suit were not proper parties, and therefore the district court erred in granting them relief and awarding attorneys' fees.
• Matthews v. Jewel Weldon McCain
  125 Fla. 840· Fla.· 1936-10-23 ·cited 29×
  This case addresses whether a married woman's separate property can be distrained for rent owed under a lease executed by her and her husband. The Florida Supreme Court held that distress cannot be maintained against a married woman's separate property unless she has properly obl
• Pitre v. W. Elec. Co., Inc.
  843 F.2d 1262· 10th Cir.· 1988-03-29 ·cited 28×
  The court held that evidence of past discrimination is probative of current discriminatory intent and that statistical evidence, even if not statistically significant to social scientists, can be relevant in Title VII cases when considered with other evidence.
• Grossmuller v. Int'l Union
  715 F.2d 853· 3d Cir.· 1983-09-02 ·cited 28×
  The court held that the pension plan's claims procedure failed to comply with ERISA's "full and fair review" requirement, but the injunction against terminating benefits based on prior events was ambiguous and required modification.
• Cannon v. Univ. OF Health Sciences/THE Chicago Med. Sch.
  710 F.2d 351· 7th Cir.· 1983-06-14 ·cited 28×
  The court held that Title IX does not provide a damages remedy and the Eleventh Amendment bars damage claims against state universities under 42 U.S.C. § 1983. Laches may apply to equitable claims under § 1983 when legal remedies are barred.
• Jicarilla Apache Tribe v. Andrus
  687 F.2d 1324· 10th Cir.· 1982-08-20 ·cited 28×
  The court held that the trial court's order to pay adjusted bonus payments was not an impermissible reformation of the leases, but rather a valid award of damages to compensate for losses due to inadequate notice.
• Paxman v. Campbell
  612 F.2d 848· 4th Cir.· 1980-01-02 ·cited 28×
  The maternity leave policies requiring pregnant teachers to cease teaching at mandatory times violated the due process clause of the Fourteenth Amendment under Cleveland Board of Education v. LaFleur. School board members sued in their individual capacities are entitled to qualif
• Serna v. Portales Mun. Schs.
  499 F.2d 1147· 10th Cir.· 1974-07-17 ·cited 28×
  The court held that the school district violated Title VI of the Civil Rights Act of 1964 by failing to provide bilingual education to Spanish-surnamed students with language deficiencies, and affirmed the trial court's broad equitable powers to fashion a remedial program.
• The BAY Club, Inc. v. Brickell BAY Club, Inc.
  293 So. 2d 137· Fla. 3d DCA· 1974-04-16 ·cited 28×
  The Bay Club appeals the dismissal of its counterclaim for specific performance of a lease agreement for space in a condominium. The court affirmed the dismissal, holding that the lease agreement lacked sufficient definiteness and certainty in its essential terms to be specifical
• Chicago v. Chicago & N. W. Ry. Co.
  280 F.2d 110· 8th Cir.· 1960-08-10 ·cited 28×
  The court held that the Car Service Rules did not waive indemnity or contribution rights, and that both railroads were concurrently negligent, entitling the plaintiff railroad to contribution but not indemnity.
• Anheuser-Busch, Inc. v. Du Bois Brewing Co.
  175 F.2d 370· 3d Cir.· 1949-05-12 ·cited 28×
  The dissent argues that laches should not bar the plaintiff's claim for equitable relief despite a long delay, because the defendant did not change its position in reliance on the delay and there was evidence of potential consumer confusion and substitution.
• Wulf v. The City OF Wichita
  883 F.2d 842· 10th Cir.· 1989-10-31 ·cited 27×
  The court held that the plaintiff's termination for insubordination, after refusing to answer questions in an internal investigation without an attorney, did not violate his First Amendment rights, but the punitive damages against the Chief of Police were reversed.
• United Steelworkers OF Am. v. Connors Steel Co.
  855 F.2d 1499· 11th Cir.· 1988-09-28 ·cited 27×
  The court held that H.K. Porter Company was liable as both the alter ego of Connors Steel Company and as a successor employer for continuing to provide health and life insurance benefits to former employees, notwithstanding Connors' bankruptcy and the expiration of the collective
• Hancock v. Montgomery Ward Long Term Disability Tr.
  787 F.2d 1302· 9th Cir.· 1986-04-17 ·cited 27×·via Equitable Relief Under Erisa
  The court held that the trial court did not abuse its discretion in denying further discovery and that the Trust's denial of benefits was not arbitrary, capricious, or unsupported by substantial evidence.
• Deloach v. Delchamps, Inc.
  897 F.2d 815· 5th Cir.· 1990-04-06 ·cited 26×
  The court affirmed the denial of a new trial on age discrimination but remanded the front pay award for recalculation, affirming the denial of general and liquidated damages and attorney's fees.
• People OF the Vill. OF Gambell v. Hodel
  774 F.2d 1414· 9th Cir.· 1985-10-25 ·cited 26×
  The court held that the district court abused its discretion by denying a preliminary injunction, as it failed to give proper weight to the statutory policy protecting Native Alaskan subsistence needs and culture.
• Fla. Sheriffs Youth Fund v. Dep't OF Labor & Emp. Sec.
  436 So. 2d 332· Fla. 2d DCA· 1983-08-12 ·cited 26×
  The Florida Sheriffs Youth Fund appeals a decision granting unemployment benefits to Mary E. Mikell, who was discharged as a group parent because her husband's misconduct violated employment conditions requiring married couples to work as inseparable teams. The court reverses, ho
• The Moosehead Sanitary Dist. v. S. G. Phillips Corp.
  610 F.2d 49· 1st Cir.· 1979-12-11 ·cited 26×·via Equitable Restitution
  The court held that the State of Maine failed to demonstrate it met the requirements for intervention as of right under Fed.R.Civ.P. 24(a). Specifically, the state did not establish it was a third-party beneficiary to the contracts or that its potential interest in recovering fun
• Harmon v. MAY Broad. Co.
  583 F.2d 410· 8th Cir.· 1978-09-19 ·cited 26×
  Jury trials are not required for defendants in Title VII suits, and the district court's factual findings were not clearly erroneous.
• Evans v. Lynn
  537 F.2d 571· 2d Cir.· 1975-06-02 ·cited 26×·via Equitable Powers Of Federal Courts
  The dissent argues that minority residents of a county should have standing to challenge federal agency inaction in furthering housing policy mandates.
• Int'l Union OF Operating Eng'rs v. Cent. Nat'l Life Ins. Co.
  501 F.2d 902· 10th Cir.· 1974-07-30 ·cited 26×·via Equitable Rescission
  A unilateral mistake by an insurance agent in calculating a premium rate, even if resulting in a significantly lower rate, does not warrant rescission of the policy when the insureds did not know of the mistake and the insurer cannot be restored to the status quo.
• 330 Mich. Ave., Inc. v. Cambridge Hotel, Inc.
  183 So. 2d 725· Fla. 3d DCA· 1966-03-08 ·cited 26×
  The court held that the essential terms of the mortgage were sufficiently definite for specific performance, but the decree must be modified to require the purchasers to provide the mortgage.
• Money v. Coy C. Powell and Kathleen Powell
  139 So. 2d 702· Fla. 2d DCA· 1962-04-04 ·cited 26×
  A complaint alleging a transfer of property without consideration, made to hinder, delay, or defraud a tort claimant, and retaining dominion and control by the transferor, is sufficient to state a cause of action to set aside a fraudulent conveyance.
• Bateman v. Ford Motor Co.
  302 F.2d 63· 3d Cir.· 1962-03-28 ·cited 26×·via Equitable Powers Of Federal Courts
  A federal court may exercise its general equitable powers to grant injunctive relief to a dealer seeking damages under the Dealer's Day in Court Act, even if the statute does not expressly provide for such relief.
• Clements v. Leonard
  70 So. 2d 840· Fla.· 1954-03-02 ·cited 26×
  This case clarifies Florida's doctrine governing deficiency judgments in specific performance suits for the sale of land. The Supreme Court reversed prior precedent and held that when a vendor obtains specific performance against a breaching purchaser, the vendor may recover the
• Security-First Nat. Bank of Los Angeles v. Rindge Land & Navigation Co.
  85 F.2d 557· 9th Cir.· 1936-08-17 ·cited 26×
  The court affirmed the district court's decree, holding that appellants, who acquired bonds through fraudulent manipulation and inequitable conduct during bankruptcy proceedings, forfeited their preferred status and their claim was limited to the actual amount paid for the bonds
• Henry L. Mattair and others v. Celia B. Payne and others
  15 Fla. 682· Fla.· 1876-06-01 ·cited 26×
  In this 1876 Florida case, heirs of Amaziah Coy sought to recover property, set aside conveyances alleged to be fraudulent, and obtain partition and distribution of proceeds. The court affirmed dismissal of the bill, finding the pleadings too confused and multifarious to permit r
• United States v. Henco Holding Corp.
  985 F.3d 1290· 11th Cir.· 2021-01-19 ·cited 25×
  The United States sought to recover unpaid federal income taxes from shareholders of Henco Holding Corp. based on fraudulent transfers they received, arguing it did not need to separately assess the shareholders as transferees under Internal Revenue Code § 6901 because it had tim
• Chrysler Corp. v. Spiro Pitsirelos
  721 So. 2d 710· Fla.· 1998-09-17 ·cited 25×
  The Florida Supreme Court upheld the constitutionality of the Motor Vehicle Warranty Enforcement Act (Lemon Law) but clarified key procedural requirements for trial de novo appeals from arbitration board decisions. The Court held that the appealing party bears the burden of proof
• Amparo Alvarez v. Kendall Assocs. & Cont'l Ins. Co.
  590 So. 2d 518· Fla. 3d DCA· 1991-12-10 ·cited 25×
  A circuit court's authority in a Rule Nisi proceeding is limited to enforcing a workers' compensation order, not awarding monetary damages for its breach.
• Fla. Patient's Comp. Fund v. Scherer
  558 So. 2d 411· Fla.· 1990-03-08 ·cited 25×·via Equitable Relief From Judgment
  The Florida Supreme Court addressed whether attorney's fees under section 768.56 apply to medical malpractice claims where the negligent act occurred before the statute's July 1, 1980 effective date but the plaintiff discovered the injury afterward. The Court held that the cause
• Sec. & Exch. Comm'n v. Invs. Sec. Corp. & William H. Brown. Sec. & Exch. Comm'n v. Invs. Sec. Leasing Corp.
  560 F.2d 561· 3d Cir.· 1977-07-26 ·cited 25×·via Equitable Powers Of Federal Courts
  The court held that the receiver for ISLC had no interest in the securities, but vacated the district court's finding that Equibank was not a bona fide purchaser, and lacked jurisdiction to determine ownership of the securities as the original owners were not parties.
• Pepper v. Beville
  100 Fla. 97· Fla.· 1930-06-30 ·cited 25×
  Bank receivers sought to collect a promissory note from Beville and sell his pledged jewelry as collateral, but one piece (a diamond ring valued at $1,275-$2,000) had been lost while in the bank's possession. Beville sought equity relief to enjoin the sale and obtain credit for t
• Bird Lakes Dev. Corp. v. Homero Meruelo
  626 So. 2d 234· Fla. 3d DCA· 1993-06-22 ·cited 24×
  Bird Lakes Development Corp. appealed from a jury verdict finding it liable for fraud, breach of oral agreement, and breach of warranty in the sale of undeveloped real estate. The court affirmed, holding that an oral promise to provide sewers to the property site is enforceable d
• W.F. Yost v. Rieve Enters., Inc.
  461 So. 2d 178· Fla. 1st DCA· 1984-12-11 ·cited 24×
  In this consolidated appeal involving the sale of a restaurant, the court addressed claims of fraud and misrepresentation by the seller Yost, breach of contract by buyer Rieve, and the broker Stirrett's entitlement to commission. The court affirmed rescission based on fraudulent
• Tate Williams v. The City OF Montgomery
  742 F.2d 586· 11th Cir.· 1984-05-03 ·cited 24×
  The court affirmed the district court's finding of discrimination, holding that the City and Personnel Board are employers under Title VII and that their subjective justifications for disparate treatment were insufficient to rebut the prima facie case of discrimination.
• Perichak v. Int'l Union OF Elec. Radio & Mach. Workers, Local 601, AFL-CIO
  715 F.2d 78· 3d Cir.· 1983-08-11 ·cited 24×·via Equitable Powers Of Federal Courts
  The court held that the district court abused its discretion in denying attorney's fees to Westinghouse, as the record clearly indicated Perichak acted in bad faith by presenting perjured testimony and baseless claims.
• Dong SIK Kwon v. Immigr. & Naturalization Serv.
  646 F.2d 909· 5th Cir.· 1981-05-04 ·cited 24×·via Equitable Powers Of Federal Courts
  The court affirmed the Board of Immigration Appeals' decision, finding the alien not entitled to relief because no visas were available in eligible categories at the time of application, and other grounds also supported denial.
• H. Prang Trucking Co., Inc. v. Local Union NO. 469
  613 F.2d 1235· 3d Cir.· 1980-01-16 ·cited 24×
  The court held that the district court's findings of fact and conclusions of law were inadequate to support its decision regarding reformation and rescission, requiring a remand for further proceedings.
• Equal Emp. Opportunity Comm'n v. Gen. Tel. Co. OF the Nw., Inc.
  599 F.2d 322· 9th Cir.· 1979-06-27 ·cited 24×·via Equitable Powers Of Federal Courts
  The EEOC has the authority to seek class-wide relief under Title VII without complying with the class certification requirements of Rule 23, F.R.Civ.P.
• Preston v. Thompson
  589 F.2d 300· 7th Cir.· 1978-12-15 ·cited 24×
  The court held that the district court abused its discretion by ordering immediate implementation of specific shower and recreation requirements in the context of a dangerous post-riot prison environment.
• H. K. Porter Co., Inc. v. Nat'l Friction Prods. Corp. & Earl E. Figert
  568 F.2d 24· 7th Cir.· 1977-12-19 ·cited 24×·via Equitable Decree
  The court held that a contempt motion was improper because the district court's order, which incorporated a settlement agreement by reference, failed to meet the specificity requirements of Fed.Civ.Proc. Rule 65(d) for injunctive orders.
• Rachbach v. Cogswell
  547 F.2d 502· 10th Cir.· 1976-11-18 ·cited 24×
  The court affirmed the trial court's judgment, holding that an assignee could not exploit an unpleaded statutory defense and that the award of interest as an equitable condition to rescission was not an abuse of discretion given the incomplete record.
• Weiner v. Shearson
  521 F.2d 817· 9th Cir.· 1975-08-01 ·cited 24×
  The court held that dismissal was an inappropriate remedy for a pending state court action, and the district court should have considered a stay instead. The court reversed the dismissal and remanded for further proceedings.
• Goode v. Rizzo
  506 F.2d 542· 3d Cir.· 1974-11-01 ·cited 24×·via Equitable Powers Of Federal Courts
  The court affirmed the injunctive relief granted by the district court but vacated and remanded the award of counsel fees for further proceedings due to lack of clear explanation.
• Hamilton v. MacDONALD
  503 F.2d 1138· 9th Cir.· 1974-09-12 ·cited 24×·via Equitable Decree
  The court held that the Navajo Tribe's appeals lacked merit, affirming the district court's Order of Compliance and implementation plan, as prior rulings on jurisdiction and equitable relief were binding and the arguments raised were either foreclosed or without merit.
• Gautreaux v. Romney
  457 F.2d 124· 7th Cir.· 1972-03-08 ·cited 24×·via Equitable Powers Of Federal Courts
  The court held that the district court abused its discretion by enjoining all federal funds for the Model Cities Program to pressure unrelated entities, ignoring the program's innocent beneficiaries.
• Abe Bernstein v. United States
  256 F.2d 697· 10th Cir.· 1958-05-23 ·cited 24×·via Equitable Restitution
  The court held that the Federal Rules of Civil Procedure eliminate the common law doctrine of election of remedies, and that the trial court erred in applying it to bind the government to its original election of remedies.
• Natural GAS Pipeline Co. OF Am. v. Harrington
  246 F.2d 915· 5th Cir.· 1957-07-09 ·cited 24×
  The court held that Natural was entitled to restitution for overpayments made under an invalid state commission order, including amounts paid for royalties and taxes, and was also entitled to interest from the date the order was invalidated.