Also known as: reliefs · legal remedy · equitable relief
Written by attorneys — see sources below.
Redress or benefit that a party seeks from a court, including monetary awards, injunctions, specific performance, or other remedies that resolve a claim or restore a right.
Ruby Rivera filed a complaint against her former employer alleging wrongful termination. The employer responded with a motion under Rule 12(b) asserting that the complaint failed to state a claim upon which relief could be granted. The court evaluated whether the factual allegations plausibly supported an entitlement to damages or reinstatement.
Ralph Richardson leased a residential apartment from Raven Logistics. After discovering persistent water leaks that made the unit uninhabitable, Ralph elected to affirm the lease and sought equitable and legal relief including damages and rent abatement. The court considered whether the landlord's fault entitled Ralph to those remedies while keeping the tenancy in force.
Rowan Russell operated a small factory adjacent to Roberto Reyes's home. Rowan installed equipment that emitted constant noise and vibrations. Roberto moved for interlocutory relief to halt operations pending trial. The court weighed the potential harm to Roberto against the consequences an injunction would impose on Rowan's business.
Rajesh Rao sued a supplier for breach of contract but included only conclusory statements about damages. The supplier moved to dismiss, arguing that the complaint did not plausibly show an entitlement to relief. The court disregarded the conclusory allegations and assessed whether the remaining facts supported a plausible claim for damages.
Rachel Ramirez, a citizen of State A, sued Redline Automotive in state court for product defects. Redline received the complaint on March 1 and filed a notice of removal on March 25. The court examined whether the notice was filed within thirty days after receipt of the initial pleading that set forth the claim for relief.
Rocky Mountain Mining created a trust funded by corporate profits. The trust instrument directed distributions to organizations that provide food, shelter, and job training to low-income families. The court confirmed that the trust qualified as charitable because its purpose included the relief of poverty and other community-beneficial objectives.
The plaintiff must plead well-pleaded factual allegations that plausibly give rise to an entitlement to relief. Conclusory allegations are disregarded, and the remaining facts must make the claim plausible rather than merely possible.
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…by the principles and usages of law.' It is a general principle that a mandamus lies if there be no other adequate, specific, legal remedy. The writ is of extensive remedial nature and issues where the party has a right to have anything done and no other specific means of compelling its performance. Many English cases…
Syllabus This is an action by a pregnant single woman (Roe) for a declaratory judgment and injunctive relief against the Texas abortion laws, which make it a crime to procure or attempt an abortion except on medical advice for the purpose of saving the mother's life. A licensed physician…
…28 U.S.C. §§ 2281 and 2284, found that segregation in public education has a detrimental effect upon Negro children, but denied relief on the ground that the Negro and white schools were substantially equal with respect to buildings, transportation, curricula, and educational qualifications of teachers. 98 F. Supp. 797.…
…without due process of law in violation of the Fourteenth Amendment. Appellants sought a declaratory judgment, injunctive relief barring the city from using the Landmarks Law to impede the construction of any structure that might otherwise lawfully be constructed on the Terminal site, and damages for the “temporary…
…does not claim appellant was unaware of the right to go to the Board and seek a variance, or that any attempt was made to secure relief by an application to the Board. Indeed, appellant's counsel makes no claim that the failure to seek a variance was due to anything other than a deliberate decision to forgo the…
A party may assert certain defenses, including lack of subject-matter jurisdiction, lack of personal jurisdiction, and failure to state a claim, by motion before pleading if a responsive pleading is required.
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A tenant may affirm the lease and obtain equitable and legal relief, including recovery of damages and abatement of rent, when the breach is due to the landlord's fault.
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A court evaluates the threat of irreparable harm to the plaintiff, the consequences the relief may have on the defendant, the probability of success on the merits, and the public interest.
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The notice must be filed within thirty days after the defendant receives the initial pleading that sets forth the claim for relief, or within thirty days after service of summons if the pleading has already been filed.
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A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes beneficial to the community.
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