Lord Kenyon's definition of the maxim, while dated, still works to describe equitable estoppel
. It is "that a man [or woman] should not be permitted to 'blow hot and cold' with reference to the same transaction, or insist, at different times, on the truth of each of two conflicting allegations, according to the promptings of his [or her] private interests." (61) Without question, equitable estoppel
is a traditionally and "preeminently" (62) equitable theory with deep roots in the law of trusts.
The Supreme Court now has made it clear that plan participants must show that an employer committed fraud in an SPD, or that an error caused harm, before they can ask a court to impose forms of equitable relief such as equitable estoppel
, plan reformation, or surcharge, Rumeld said.
, the ground used by the court to prevent the insurer from denying coverage even though the policy had lapsed, is established by proof of the following elements:
notion that the courts should give effect to equitable estoppel
Mark D., (96) for example, this Court, based on the principle of equitable estoppel
, held that a non-biologically related adult who had functioned as a parent was indeed a parent of the child for paternity and support purposes.
Dobrowski contended that under the doctrine of equitable estoppel
, his employer could not legitimately argue that he was ineligible because he had been granted FMLA leave, albeit mistakenly.
Ledbetter obviously requires individual Title VII plaintiffs to timely challenge an alleged discriminatory pay decision, (52) just as Morgan did for other "discrete acts" of discrimination Some individual Title VII plaintiffs who do not file timely charges of pay discrimination with EEOC, however, may seek to enlarge the period for filing a charge by invoking one or more of the following theories: (a) the so-called "discovery rule"; (b) equitable tolling; (c) equitable estoppel
; and (d) claims of a "pattern or practice." The Supreme Court has tantalizingly left the door open ever so slightly for plaintiffs to grasp at those theories.
, to the extent that it is a kind of implied waiver or
Contents include: general considerations, determining applicable statute of limitations, accrual, partial causes of action, statutory tolling, equitable tolling, equitable estoppel
, and the Relation Back doctrine.
Last December, Massachusetts's Supreme Judicial Court granted the plaintiffs standing to sue for declaratory and injunctive relief on the principle of equitable estoppel
Thus, if those who focus on estoppel are correct in asserting that the coherent end point of the doctrine is as a cause of action (150) (similar to the Australian doctrine of equitable estoppel
(151) or section 90 of the Restatement (Second) of Contracts), (152) then that should be the fate of the principled exception as well.
Some states recognize the doctrine of equitable estoppel
in paternity suits.