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Full-Text Articles in Legal Remedies
Sonner V. Premier Nutrition Corp., Ruth Dapper, Bryce Young
Sonner V. Premier Nutrition Corp., Ruth Dapper, Bryce Young
Notre Dame Law Review Reflection
When sitting in diversity jurisdiction, must a federal court apply federal equitable principles when deciding state law claims, even if state law may provide a different outcome? That was the question before the United States Court of Appeals for the Ninth Circuit in the case of Sonner v. Premier Nutrition Corp. Although the Ninth Circuit’s published opinion relies on “seventy-five years” of unchanged law, the opinion joins a long list of cases that continue to help clarify the tenets from Erie Railroad Co. v. Tompkins and inform the courts and practitioners on the relationship between state and federal authority …
Equitable Remedies: Protecting "What We Have Coming To Us", Larissa Katz
Equitable Remedies: Protecting "What We Have Coming To Us", Larissa Katz
Notre Dame Law Review
This Article develops a new, doctrinally informed, theoretical account of equitable remedies in terms of our interest in “what we have coming to us”—an interest beyond private law’s commitment to protecting what is already ours, viz., our property rights and our rights to another’s performance of a contract. Through distinctive equitable remedies like specific performance, injunctions, and the remedial constructive trust, equity intervenes to prevent others from obstructing or diverting what a person has coming to her. The need for equity to recognize and to protect an interest in “what we have coming to us” arises, I argue, out of …