Also known as: suits in equity · equity suit · equitable suit
Written by attorneys · grounded in primary & secondary sources — see below
A civil suit stating an equitable claim and asking for an exclusively equitable remedy.
Sofia Stern sued Summit Bank for reformation of a loan agreement after discovering a mutual drafting error. Following a nonjury trial that ended in judgment for the bank, Sofia located internal memos showing the bank had known of the error all along. The court considered whether to reopen the record and amend its findings on the basis of traditional equitable rehearing grounds.
Sebastian Santos, a minority shareholder, filed suit against Sterling Manufacturing's directors alleging self-dealing in a corporate asset sale. The complaint sought an accounting and constructive trust over the proceeds. The court treated the action as one in which both legal and equitable issues were presented for decision.
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Sasha Stone, a Florida beneficiary, brought an action in Florida court against a Delaware trustee to invalidate an inter vivos trust and the exercise of a power of appointment. Service on the trustee was made by publication. The Florida proceeding was characterized as a suit in equity to determine the trust's validity.
Sabrina Shah filed an action against federal agents alleging an unconstitutional search and seeking return of seized property and injunctive relief. The complaint framed the request for prospective relief as a suit in equity separate from any damages claim.
Samantha Stone and other voters sued state officials alleging that legislative districts violated equal protection. The complaint sought declaratory and injunctive relief to redraw the districts. The action was brought as a suit in equity to redress the claimed constitutional injury.
Simon Stern, a former husband, was sued in federal court by his ex-wife to enforce a state divorce decree awarding alimony. The complaint sought an injunction compelling compliance with the out-of-state judgment. The proceeding was treated as a suit in equity to enforce the earlier decree.
A suit in equity seeks remedies such as specific performance, injunction, reformation, or rescission that were historically available only from courts of equity. An action at law seeks money damages or other relief historically available from courts of law. The distinction survives in the Federal Rules for purposes such as determining the availability of jury trial and the standard for granting a new trial after a nonjury proceeding.
Supporting sources
After a nonjury trial the court may grant a new trial for any reason for which a rehearing has historically been granted in a suit in equity. Traditional equitable grounds include newly discovered evidence that could not have been found earlier with due diligence and that is likely to change the outcome. The motion must be filed within 28 days of judgment.
Supporting sources
No. The parol evidence rule limits the use of prior agreements to contradict an integrated writing in actions at law. In a suit in equity for reformation based on mutual mistake, courts routinely consider drafts, negotiations, and other extrinsic evidence to determine whether the writing fails to express the parties' actual agreement.
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…