Also known as: equitable actions · action in equity · suit in equity
Written by attorneys · grounded in primary & secondary sources — see below
A lawsuit seeking relief according to equitable principles rather than common-law damages. Such an action lies when monetary remedies are inadequate and the court may order specific performance, injunction, accounting, or similar relief grounded in fairness.
Eva Espinosa sued Emerald Enterprises in federal court after a nonjury trial on a contract dispute. Twenty days after judgment for the defendant, she discovered internal records showing the key defense witness had been reprimanded for similar misreporting. She moved for a new trial, arguing the evidence warranted rehearing under traditional equitable standards preserved for suits in equity.
Evelyn Ellison and Eugene Ellsworth lived together eight years. Evelyn quit her job to manage Eugene's startup without pay. After separation she sued him seeking a share of the equity based on her contributions. The court treated the suit as an equitable action available in addition to any contract claims.
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Esme Ellington discovered a magazine had published her photograph in an advertisement without consent. She filed suit seeking to restrain further use and recover damages. The court recognized the claim as an equitable action for injunctive relief under state privacy law.
Emily Ellis, a shareholder, sued Parklane officers for damages after the SEC had already obtained an injunction against the same proxy misstatements in an equitable enforcement action. The court held that findings from the prior equitable action could preclude relitigation of identical issues.
Emanuel Escobar, a New York citizen, sued a Delaware trustee in federal court in New York seeking restitution of trust assets. The court analyzed whether the claim was an equitable action that could proceed in diversity jurisdiction despite state-law restrictions on such suits.
Everest Holdings dissented from a merger and demanded appraisal of its shares. The Delaware court characterized the proceeding as an equitable action requiring fair valuation and full disclosure of all relevant financial information to protect minority interests.
A cohabitant may commence an equitable action against the other concerning entitlement to property based on contributions to the relationship unless the action is inconsistent with a valid cohabitants' agreement. The claim accrues on termination of cohabitation and supplements any contract or tort remedies.
Supporting sources
Yes. After a nonjury trial the court may grant a new trial for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court. Newly discovered evidence that undermines key credibility findings or reveals a pattern of misconduct can supply such a ground when the motion is timely filed.
Supporting sources
An equitable action seeks relief such as injunction, specific performance, or accounting when money damages are inadequate. A claim for compensatory damages is legal in nature and carries a jury-trial right, while a purely equitable claim does not.
Supporting sources
…in Delaware, to determine the validity of the trust and the exercise of the power of appointment. The Florida proceeding was a suit in equity brought by Mrs. Donner’s daughter, Elizabeth Donner Hanson, against the Delaware trustee, the two grandchildren who were appointed under the will, and other interested parties. The…