Tag Archives: Equitable

Insured’s Decision to Manufacture A Dangerous Product Knowing No Insurance Is Available Doesn’t Sway Court To Create An Equitable Exception To The Unavailability Rule

The Supreme Court of New Jersey recently resolved an 18-year-old asbestos coverage row, encompassing 330 policies and thousands of claims. In reaching its decision in Cont’l Ins. Co. v. Honeywell Int’l, Inc., No. 078152, 2018 WL 3130638 (N.J. June 27, … Continue reading

Posted in Insurance | Tagged , , , , , , , , , , , , , , , | Leave a comment

U.S. Supreme Court: Equitable Tolling Does Not Allow Follow-On Class Claims Outside of the Limitations Period

In the latest of several recent high court decisions addressing the questions of statutes of limitations and related questions of tolling, on June 11, 2018, the U.S. Supreme Court unanimously held that equitable tolling principles do not apply to toll … Continue reading

Posted in Insurance | Tagged , , , , , , , , , , , | Leave a comment

Wilmington Trust, N.A. v. Rob (5th Cir 2018) Fifth Circuit recognizes that acceleration of maturity is a harsh remedy, and that equitable constraints apply

"Because Wilmington Trust failed to meet its burden to show clear and unequivocal notice of intent to accelerate prior to filing suit, it is not entitled to a foreclosure judgment."Fifth Circuit makes Erie guess, says Texas Supreme Court would hold … Continue reading

Posted in Banking and Finance law | Tagged , , , , , , , , , , , , , | Leave a comment

Court of Appeals approves joint custody order (and the post-trial reformation of an equitable distribution agreement)

The May 2, 2018 Court of Appeals opinion of Clark v. Clark is one of the rare published opinions approving true joint physical custody. Further the opinion approves a post-trial reformation of an equitable distribution agreement based upon what the … Continue reading

Posted in Divorce Law | Tagged , , , , , , , , , , | Leave a comment

How a Spouse’s “Contributions and Efforts” Factor into a Court’s Equitable Distribution Analysis in New York

New York is an equitable distribution state. Thus, when it comes to dividing up a couple’s assets in a New York divorce case, the court will consider a number of factors. However, before the court gets to the point of … Continue reading

Posted in Divorce Law | Tagged , , , , , , , , , | Leave a comment