The Court requested and has received briefing on the equitable defenses
raised by Align and is expected to rule on the equitable defenses
later this week.
An unresolved issue is whether a beneficiary still can raise equitable defenses
to that reimbursement action," he said.
A conclusory pleading of equitable defenses
without factual support will likely be stricken as insufficient.
11) Further, even when damages admittedly are inadequate, a collection of notoriously indeterminate equitable defenses
may stand in the way of an injunction.
On numerous occasions, the Supreme Court has ruled that the Interstate Commerce Act does not allow equitable defenses
, such as a shipper's ignorance or the carrier's misquotation of the applicable rate, to prevent the collection of the filed rate.