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Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
The Department removed the case to the United States District Court for the Eastern District of Missouri. The trial court granted summary judgment to the Department because it found Muldrow did not suffer a materially adverse action and thus failed to satisfy the "adverse employment action" prong in the McDonnell Douglas burden-shifting ...
The cases discussed are, Lampleigh v Brathwait (1615); Moses v Macferlan (1760); Taylor v Plumer (1815); Planche v Colburn (1831); Marsh v Keating (1834); Erlanger v New Sombrero Phosphate Co (1878)
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
“For example, court records cannot even name the victim of a murder case — even though murder is a terrible crime of great interest to every Missouri community and citizen,” the lawsuit states.
Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant ...
The court also tossed out a conservative challenge to a fiscal summary of the measures prepared by Missouri State Auditor Scott Fitzpatrick, a Republican. Critics of the summary said the estimated ...
In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits. When a private party sues for net profits, this is instead ordinarily known as restitution for unjust enrichment. Indeed, the U.S. Supreme Court has noted in Liu v.