Law Commons^™

When Is It Fair To Break Promises? Illuminating Promissory Estoppel's Inequity Requirement, Marcus Moore

All Faculty Publications

Promissory estoppel is an important adjunct to contract law, allowing non-contractual promises to be legally binding under prescribed conditions. These conditions include reliance by the promisee, as the doctrine serves to protect reasonable reliance induced by certain types of promises. Typically, the conditions also include a requirement that it would be inequitable for the promisor to go back on the promise. This inequity requirement reflects the nature of promissory estoppel as a creature of the law of equity. Beyond this, however, considerable uncertainty surrounds the inequity element. For example, there are diverging views as to whether it embodies a distinct …

Perbandingan Rechtsverwerking Sebagai Doktrin Hukum Di Indonesia Dan Doktrin Estoppel Di Amerika Serikat Pada Bidang Hukum Perjanjian, Joseph Noviandri, Togi Marolop Pangaribuan

Lex Patrimonium

This journal discusses the scope of rechtsverwerking as a doctrine known as the ‘waiver of rights’ doctrine. rechtsverwerking refers to a situation where someone possesses a certain right but does not exercise it within a specific period, which may result in the loss of that right. This concept of waiving rights is widely recognized, As exemplified by Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning the release of land rights, the application of the rechtsverwerking doctrine should no longer be used as the basis for releasing land rights, as legislation takes precedence over doctrines in the …

An Unincorporated Entity Will Be Unable To Recover As A Secured Creditor In Bankruptcy Unless A Court Invokes The Doctrines Of De Facto Corporation Or Corporation By Estoppel, Andrew Braverman

Bankruptcy Research Library

(Excerpt)

Under New York law, an entity that has failed to properly incorporate cannot assume liabilities or acquire rights. As a result, unincorporated entities will typically lack capacity to enter into contractual agreements. Within the context of bankruptcy, this may hinder a creditor’s ability to maximize its recovery.

A creditor that is adversely affected by a lack of corporate recognition will attempt to persuade a court to impose the doctrines of de facto corporation or corporation by estoppel. These doctrines, which are matters of state law, provide unincorporated entities with the rights and obligations that a legally recognized entity would …

Brief Of Patent Law Professors As Amici Curiae In Support Of Petitioners, Christa J. Laser

Law Faculty Briefs and Court Documents

This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.

Enforcing Conservation Easements: The Through Line, Nancy Mclaughlin

Utah Law Faculty Scholarship

In enforcement cases, courts tend to treat conservation easements as if they were traditional servitudes. This poses a major risk to the effectiveness of conservation easements as land protection tools. If, for example, courts extinguish conservation easements via merger, or bar holders from enforcing them on laches or estoppel grounds, or interpret them in favor of free use of property, many of the conservation gains made in the United States over the last three decades could end up being ephemeral.

This article tackles this problem by providing a solid foundation for the next chapter in conservation easement enforcement. It clearly …

#Metoo Meets Estoppel: How Bill Cosby’S Conviction Got Tossed By Court’S Application Of Equitable Doctrine, Stefanie Bowen, Ryan Cox

Lincoln Memorial University Law Review Archive

Originally published on the LMU Law Review Blog--Off the Record--in August of 2021.

The English Law Doctrine Of Proprietary Estoppel And The Extent To Which It Could Be Applied In Jordanian Law, Zaid Muhmoud Al-Aqaileh

UAEU Law Journal

The English law doctrine of proprietary estoppel is an equitable doctrine that represents the intervention of equity to mitigate the strictly harsh rules of the statute, and to create new proprietary rights in land, even in the absence of any formal requirements. In Jordanian law, proprietary rights in land cannot be created informally, i.e. in the full absence of the needed formalities, and Jordanian courts cannot admit mere promises, or assurances, as a means of creation of such rights. This article has examined the feasibility of the operation of the doctrine of proprietary estoppel, or a similar doctrine, in Jordanian …

Equitable Defenses In Patent Law, Christa J. Laser

Law Faculty Articles and Essays

In patent law, “unenforceability” can have immense consequences. At least five equitable doctrines make up the defense of “unenforceability” as it was codified into the Patent Act in 1952: laches; estoppel; unclean hands; patent misuse; and according to some, inequitable conduct. Yet in the seventy years since incorporation of equitable defenses into the patent statute, the Supreme Court has not clarified their reach. Indeed, twice in the last four years, the Supreme Court avoided giving complete guidance on the crucial questions of whether, and when, such equitable defenses are available to bar damages in cases brought at law.

Several interpretive …

The Scope Of Ipr Estoppel: A Statutory, Historical, And Normative Analysis, Christa J. Laser

Law Faculty Articles and Essays

When Congress implemented inter partes review (IPR) and other patent post-grant proceedings through the passage of the America Invents Act (AIA) in 2011, it provided that petitioners would be estopped in later proceedings from raising grounds for invalidity that they "raised or reasonably could have raised during that inter partes review." 35 U.S.C. § 315( e )(2). However, substantial uncertainty in courts' interpretation of this provision causes an enormous impact on an accused patent infringer's decision of whether and on what grounds to petition for review. One reading of the statutory estoppel provision suggests that "during that inter partes review" …

Rambus Redux? – Standards, Patents And Non-Disclosure In The Pharmaceutical Sector (Momenta V. Amphastar), Jorge L. Contreras

Utah Law Faculty Scholarship

Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc. (D.Mass 2) involves the alleged deception of a standards-development organization (SDO) by the holder of a patent essential to a standard relating to the manufacture of the drug enoxaparin. The SDO's rules regarding disclosure of standards-essential patents (SEPs) were found to be ambiguous, yet, as in Qualcomm v. Broadcom (Fed. Cir. 2008), the district court held that participant expectations created an affirmative obligation to disclose SEPs. Following the SEP holder's assertion of the undisclosed patent against a competing generic manufacturer of enoxaparin, the alleged infringer successfully raised defenses of waiver and estoppel against …

Savvy Shaw-Ping: A Strategic Approach To Aia Estoppel, Steven J. Schwarz, Tamatane J. Aga, Kristin M. Adams, Katherine C. Dearing

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Post-Grant Life: Coordinating & Strategizing Challenges Of Issued Patents In Multiple Continents, Karen E. Sandrik

Chicago-Kent Journal of Intellectual Property

With the enactment of the Leahy-Smith American Invents Act (AIA), U.S. patent law gained a new post-grant opposition system and the Patent Trial and Appeal Board (PTAB). While the U.S. post-grant opposition system has some similarities to the post-grant systems, such as that in the European Union, Japan, South Korea, Canada, and Australia, there are also notable differences. Navigating one’s own post-grant system can be challenging, but doing so in multiple patent offices around the world is daunting. Differences in these proceedings not only present the potential for parties to make costly errors, but also to engage in strategic behavior. …

I Fought The Shaw: A Game Theory Framework And Approach To The District Courts' Struggle With Ipr Estoppel, Andrew V. Moshirnia

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Supreme Court Doctrine In The Trenches: The Case Of Collateral Estoppel, John Bernard Corr

John (Bernie) Corr

No abstract provided.

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Articles & Chapters

No abstract provided.

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Other Publications

This article discusses certain ancillary but important documents in the context of two common real estate transactions: mortgage loan financings and acquisitions of income-producing real estate. In particular, the article analyzes current case law and drafting considerations relating to estoppel certificates, certified rent rolls and subordination, non-disturbance agreements (SNDAs). In addition, the article examines due diligence issues for the lender and buyer. Note: This article was co-authored with Barry Hines, Partner, Frost, Brown, Todd LLC and Everett Ward, Partner, Quarrels & Brady LLP and initially presented at the Spring Meeting of the American College of Real Estate Lawyers (ACREL).

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.

Rethinking Promissory Estoppel, Eric Alden

Nevada Law Journal

No abstract provided.

Exceptions To Prosecution History Estoppel Are Hardly A Dime A Dozen: An Analysis Of The Federal Circuit’S Application Of The Narrow Exceptions To Prosecution History Estoppel Twelve Years After Festo, Rachel C. Hughey, Linhda Nguyen

Cybaris®

No abstract provided.

Collateral Estoppel Effects Of Administrative Agency Determinations: Where Should Federal Courts Draw The Line , David Brown

David C. Brown

No abstract provided.

Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman

Mark P. Gergen

The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks. This scholars’ …

What Is A Contract, Sidney W. Delong

South Carolina Law Review

No abstract provided.

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Peter K. Yu

No abstract provided.

Estoppel Doctrine For Patented Standards, An, Robert P. Merges, Jeffery M. Kuhn

Robert P Merges

No abstract provided.

Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

No abstract provided.

Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman

Doug Rendleman

The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks. This scholars’ …

Scholars’ Supreme Court Amicus Brief In Support Of Neither Party: Petrella V. Metro-Goldwyn-Mayer, Douglas Laycock, Mark P. Gergen, Doug Rendleman

Scholarly Articles

The appeal to the Supreme Court in Petrella v. Metro-Goldwyn-Mayer deals with the equitable defense of plaintiff’s laches before suing for copyright infringement. Laches is unreasonable and prejudicial delay. MGM allegedly violated plaintiff’s copyright repeatedly over a period of many years; the statute of limitations has not run on the most recent violations. Plaintiff argues that laches should never apply to a cause of action with a statute of limitations. Defendant argues that laches should bar all relief if defendant relied on plaintiff’s failure to sue earlier, without having to match defendant’s reliance to the remedies plaintiff seeks.

This scholars’ …

Recent Developments In Estoppel And Preclusion Doctrines In Consumer Bancruptcy Cases; Volume I Of Ii: Estoppel, K.M. Lewis, Paul M. Lopez

Oklahoma Law Review

No abstract provided.

Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez

Pepperdine Law Review

No abstract provided.

Res Judicata: California V. Sims, Alan Saltzman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.