§ 1973c.VIII.BASIS FOR EQUITABLE RELIEF36.Plaintiffs have no plain, adequate, or complete remedy at law to redress the wrongs alleged herein, and this suit for declaratory and injunctive relief is their only means of securing adequate redress from the unlawful practices of DEFENDANTS. Plaintiff...
It must initially determine what repairs are to be made and the time within which they are to be performed; then it must decide whether there has been substantial performance and, if not, whether the defendant had any excuse. Usually an adequate remedy at law exists in the form of damages...
When the declarant is not produced at trial, as in this case, his statements are admissible only if they bear adequate "indicia of reliability." Ohio v. Roberts, 448 U.S. 56, 65-66, 100 S. Ct. 2531, 2538-39, 65 L. Ed. 2d 597 (1980);7 see Dutton v. Evans, 400 U.S. 74...
We recognize that a lack of adequate medical care certainly is a deprivation an individual prisoner suffers as a condition of his own confinement; yet, even inadequate, untimely or incompetent medical care may simply be indicative of the level of care generally received by the entire prison ...
Constitution in the absence of an injunction; Defendants will suffer no harm by any delay to their burdensome new policies; and the public interest in the rule of law strongly supports Plaintiffs' claims for relief in order to maintain the status quo as it has existed for many decades ...
If the injury complained of can be com- pensated by an award of monetary damages, then an adequate remedy at law exists and no irreparable injury may be found as a matter of law." Moreover, "when a party can be fully compensated for financial loss by a money judgment, there is ...
Can I prove liability? Does the law provide an adequate remedy? And if the answer to all of the above is yes, can I get relief? That last question is the focus of this post. The Sherman Act (15 U.S. Code § 1 et seq) provides an excellent set of remedies includi...
has given an erroneous instruction, it may be withdrawn or explained by the court so as to remove error which otherwise might be present. But the withdrawal must leave no doubt in the minds of the jury as to what the court ultimately declares the law to be." Chicago, B. & Q. R. ...
Along with the entire record in this case, the indictment will provide adequate safeguards against double jeopardy. II Prosecutorial misconduct * The Fifth Amendment provides that " [n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or ...
The trial court, in fashioning a remedy, needs to consider rights which other employees have acquired over the years, but not those acquired at the expense of the black employees. Congress has recognized the importance of seniority rights in enacting Section 703(h) of Title VII4 and sought ...