Evergreen West Business Center, LLC v. Emmert

For centuries, the choice between legal and equitable remedies in civil actions has been informed by the shibboleth that equitable relief ordinarily is not available when the claimant has an adequate legal remedy. See, e.g., Norton v. Elwert, 29 Or 583, 587, 41 P 921 (1895) (stating principle). This case, which involves alternative legal and equitable claims for damages and a constructive trust on real property that arose from the same breach of fiduciary duty, provides an opportunity to reexamine the foundations of that principle. The primary issue on review is whether plaintiff’s election…