Also known as: in equity
Written by attorneys · grounded in primary & secondary sources — see below
A phrase indicating that a matter proceeds according to equitable principles. It identifies remedies or defenses available in a court of conscience when legal rules provide no adequate relief.
After a nonjury trial, Alexandra Armstrong moved under Rule 59 for a rehearing on her contract claim against Apex Dynamics. The judge found that newly discovered evidence of concealment justified reopening the findings because the same relief would have been available in equity. The court therefore took additional testimony and entered an amended judgment.
Amelia Amari and Arthur Abrams signed a recorded agreement to arbitrate custody and support disputes. When Amelia later sought to revoke it on grounds of undue influence, the court upheld the agreement because no ground existing at law or in equity for contract revocation was shown.
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Andre Antoine, a partner in Ashford Manufacturing, purchased supplies from his own company at market price. When the partnership sued in equity alleging self-dealing, the court dismissed the claim because the transaction was fair to the partnership.
Homeowners whose surface rights were threatened by underground mining sought an injunction to prevent subsidence. The court treated the request as a bill in equity and balanced the parties' interests before granting limited relief.
Ava Adebayo sued Apollo Energy in federal court on a state-law claim seeking an accounting. The court applied equitable principles to determine whether the action could proceed despite the absence of complete diversity.
Anita Ali obtained a judgment against a nonresident debtor and attached land within the forum state. The court upheld the attachment because equity permitted the proceeding to reach property that could not be reached by ordinary legal process.
Rule 59(a)(1)(B) permits a new trial or rehearing after a nonjury trial for any reason that would have supported rehearing in a suit in equity.
An agreement to arbitrate a family law dispute is irrevocable except on a ground that exists at law or in equity for the revocation of a contract.
Fairness of the transaction to the partnership is a complete defense to a claim under the duty of loyalty and to any comparable claim in equity or at common law.
The phrase signals that the court applies equitable principles, such as fairness and conscience, rather than strict rules of law, and that equitable remedies like specific performance or accounting may be available.
…Citation: 260 U.S. 393 (1922) Majority opinion Opinion of the Court (delivered by Justice Holmes) This is a bill in equity brought by the defendants in error to prevent the Pennsylvania Coal Company from mining under their property in such way as to remove the supports and cause a subsidence of the surface and…