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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/relat1015 and id is 1 raw text is: TRUSTS CHAPTER 7. THE ADMINISTRATION OF THE TRUST TOPIC 10. CONTRIBUTION OR INDEMNITY FROM CO-TRUSTEE § 258. Contribution or Indemnity from Co-Trustee C.A.9, 2016. Com. (a) cit. in sup. The U.S. Federal Trade Commission (FTC) sued corporation and its former president, alleging that defendants engaged in unfair or deceptive business practices in violation of the FTC Act by charging recurring subscription fees to customers who did not take affirmative steps to cancel their subscriptions during a free trial period. After corporation settled, the district court found that president and corporation were jointly and severally liable for the unlawful conduct, and ordered president to pay restitution based on corporation's net revenues from the sale of the subscriptions. Affirming, this court held that courts were not categorically precluded from imposing joint-and-several liability in actions brought under the FTC Act. The court cited the first Restatement of Trusts § 258 in noting that equity courts had long exercised the power to impose joint-and-several liability, most notably in cases involving breach of the duties imposed by trust law. F.T.C. v. Commerce Planet, Inc., 815 F.3d 593, 600. CHAPTER 9. LIABILITIES OF THIRD PERSONS TOPIC 2. TRANSFEREES OF TRUST PROPERTY TITLE A. GENERAL PRINCIPLES § 291. Extent of Liability of Transferee with Notice C.A.Vet.Cl.2015. Cit. in diss. op. Veteran appealed the Board of Veterans' Appeals' decision denying him a one-time payment from the Filipino Veterans Equity Compensation Fund and denying his subsequent request for reconsideration. This court granted a motion to dismiss filed by the Secretary of Veterans Affairs, holding that veteran's notice of appeal was untimely, and veteran failed to show that equitable tolling was warranted based on the fact that he lived in the Philippines, where it took mail from the continental United States considerably longer to reach him than it did for veterans living in the continental United States. The dissent cited Restatement of Trusts § 291 in arguing that equitable tolling was warranted where, as here, the facts indicated that the veteran's filing was untimely because of a mailing delay. Palomer v. McDonald, 27 Vet.App. 245, 257. § 294. By Whom Action Can Be Maintained C.D.Cal.2016. Cit. and quot. in sup. Former Chapter 7 trustee of debtor's estate petitioned the bankruptcy court for a determination as to whether that court's earlier order permitting successor trustee eAL 1 , For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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