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Case Citations [1] (July 2017 through April 2018)

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                                  RESTITUTION





       PART   I. THE RIGHT   TO  RESTITUTION (QUASI CONTRACTS AND KINDRED
                                     EQUITABLE RELIEF)

Introductory Note

C.A.6, 2017. Intro. Note quot. in sup. Sisters brought claims for breach of fiduciary duty against
brothers, who were executors of their parents' estates and trustees of their father's revocable trust, and
against brothers' corporation, alleging that defendants cheated them out of stock and real property that
they should have inherited from parents. After a bench trial, the district court ruled in favor of plaintiffs.
Affirming, this court held, among other things, that a jury trial was not required for plaintiffs' fiduciary-
duty claims, because the weight of authority held that actions seeking disgorgement of ill-gotten gains
were equitable in nature. The court pointed out that the Restatement of Restitution traced the history of
the remedy of restitution to ancient cases in equity. Osborn v. Griffin, 865 F.3d 417, 463.



                          CHAPTER 1. INTRODUCTORY MATTERS

                            TOPIC   1. UNDERLYING PRINCIPLES

§ 1. Unjust Enrichment

D.D.C.2016.  Com. (c) quot. in case quot. in sup. Church brought an action under the Racketeer
Influenced and Corrupt Organizations Act and common law against members, alleging that defendants
took control over its corporate identity and assets by unlawfully reconstituting its board of directors and
merging it into a new Maryland-based chapter. This court denied defendants' motion to dismiss the
amended  complaint, holding that plaintiff's unjust-enrichment claim was sufficiently pleaded, because it
was alleged that individual defendants misappropriated and retained assets to personally enrich
themselves. The court referred to Restatement of Restitution § 1, Comment c, in noting that restitution
was appropriate under circumstances where it would be unjust for a recipient to retain a benefit. Jericho
Baptist Church Ministries, Inc. (District of Columbia) v. Jericho Baptist Church Ministries, Inc.
(Maryland), 223 F.Supp.3d 1, 13.

S.D.Fla.2017. Cit. in case quot. in sup. In multidistrict litigation, consumers who purchased vehicles
equipped with airbags containing ammonium nitrate as a propellant sued manufacturer of the vehicles,
alleging that the airbags were defective. This court granted in part and denied in part defendant's motion
to dismiss plaintiffs' claims for unjust enrichment under Oregon law, holding that, while one plaintiff
plausibly alleged that he conferred a direct benefit on defendant through his purchase of a vehicle from
one of defendant's dealerships, two other plaintiffs who did not purchase their vehicles from defendant's
dealerships failed to show that they conferred a benefit on defendant, as required to state such a claim.
The court noted that, in the context of an unjust-enrichment claim, the Oregon Supreme Court had




           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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