Bruce A. Shear v. MAZ Partners, LP, Individually and on Behalf of All Others Similarly Situated
ERISA JusticiabilityDoctri
When a jury finds in favor of defendant on the sole claim asserted against him, may a district court affirm the verdict but then use 'equitable power' to enter a multi-million dollar disgorgement order against the victorious defendant?
QUESTIONS PRESENTED 1. When a jury finds in favor of defendant on the sole claim asserted against him, may a district court affirm the verdict but then use “equitable power” to enter a multi-million dollar disgorgement order against the victorious defendant? 2. Faced with a novel and _ state law decision issued during a federal diversity trial, should a federal court certify a question of law regarding the interpretation of the decision to avoid making an Erie-guess about how the state court might decide the issue?