Also known as: equivalents · doctrine of equivalents
Written by attorneys · grounded in primary & secondary sources — see below
A thing that has the same effect, value, or function as another thing.
Equinox Energy moves to compel documents prepared by Elemental Pharmaceuticals in anticipation of litigation. Elemental shows that Equinox can obtain the same materials through deposition testimony and public records without undue hardship. The court denies the motion because the alternative sources supply what Equinox needs.
Eclipse Manufacturing seeks production of intangible notes prepared by Echelon Security's counsel. Echelon asserts protection because the notes qualify as the functional counterpart of tangible work product prepared for trial. The court recognizes the protection extends to that counterpart.
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Erika Echevarria's conviction is reversed on appeal for legally insufficient evidence. The state attempts to retry her on the same charges. The court bars retrial because the reversal carries the same consequence as an acquittal.
Enzo Eastwood tenders payment by electronic funds transfer after receiving foreclosure notice. The lender rejects the tender because it claims the transfer is not an accepted bank obligation. The court holds the transfer satisfies the requirement for curing the default.
Elena Estrada gives birth to a child conceived through assisted reproduction with a gestational surrogate. State law supplies the rule for determining parentage. The court applies that state rule because it functions as the counterpart to the uniform act provision.
Esther Eisenberg's prior conviction is offered for impeachment. She presents a certificate of rehabilitation showing she has not committed another felony. The court excludes the conviction because the certificate carries the same rehabilitative effect as a pardon.
A substitute qualifies when it matches the original in timing, risk, liquidity, and regulatory compliance. Courts examine whether the buyer offered a stable, widely accepted alternative after regulation made the original channel unavailable. If the substitute meets these criteria, the seller must accept it and perform.
Reversal for insufficient evidence bars retrial under the Double Jeopardy Clause because it carries the same finality as an acquittal. The prosecution has already had one full opportunity to prove its case and failed.
An electronic funds transfer or money order satisfies the requirement when it delivers the exact amount specified by the statute in a form that a bank is obligated to honor. The method must be reliable and verifiable within the statutory cure period.
A certificate qualifies when it rests on a finding of rehabilitation and the person has no subsequent felony convictions. The rule then bars use of the underlying conviction for impeachment.
…give public servants an unjustified preference over the public they serve, if critics of official conduct did not have a fair equivalent of the immunity granted to the officials themselves. We conclude that such a privilege is required by the First and Fourteenth Amendments. III. We hold today that the Constitution…