The dissent highlighted that Congress and the Federal Rules of Civil Procedure define the civil action as one action that is amenable to both legal and equitable defenses
. (119) Although conceding laches may not apply often, the dissent argued that the doctrine helps a court "bring about a fair result" where appropriate.
to a legal claim could first go to the equity court
Instead, the bench trial focused on Breen's equitable defenses
, whether the CEO of Bay Ridge could be held liable as a fiduciary to the plan and whether Milgram was entitled to the accumulated earnings from the misappropriated funds.
Also, because many of these buyback requests are coming three or four years after the dates the mortgage loans were originally purchased, originators may wish to consult with counsel in order to determine whether statute of limitations or any equitable defenses
would be applicable to their individual situations.
Refusal of Lender to Accept Deed Raises Equitable Defenses
for the Borrower
"An unresolved issue is whether a beneficiary still can raise equitable defenses
to that reimbursement action," he said.
based on "disproportionate hardship" and plaintiff's "unclean hands" also can be assimilated to some of the arguments that have appeared in favor of liability rules.
A possible time-bar should be considered, and a number of equitable defenses
such as waiver, estoppel, and ratification also may be available to the cedent.
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.(10)