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

handle is hein.ali/relwrstn0067 and id is 1 raw text is: RESTITUTION Generally D.N.M.2017. Cit. generally in sup. Borrower filed a class action against lender that was in the business of providing short term, unsecured loans to borrowers, alleging that the loans were payday loans and that lender charged borrowers higher rates than permitted for payday loans under New Mexico law. After a bench trial, this court held, among other things, that borrowers could recover from lender under principles of unjust enrichment to the extent that they paid more than state law permitted lender to charge, because lender's contractual terms requiring borrowers to pay interest were illegal, and thus substantively unconscionable. The court noted that the Supreme Court of New Mexico often looked to the Restatement of Restitution in determining the content of New Mexico law. Daye v. Community Financial Loan Service Centers, LLC, 280 F.Supp.3d 1222, 1250. M.D.Pa.2017. Cit. generally in sup. Employer sued former employee, alleging that, after employee's negotiations to purchase employer's customer lists, pricing information, contracts, and goodwill fell through, employee took those assets without permission and started a competing business while she was still working for employer. This court granted employer partial summary judgment, holding that employer was entitled to restitution under principles of unjust enrichment set forth in the Restatement of Restitution, which had been adopted by Pennsylvania courts. The court explained that, under Restatement Third of Restitution and Unjust Enrichment §§ 40, 42, and 43, unjust enrichment could occur through conversion, interference with a trade secret, or a fiduciary or confidential relation. Mifflinburg Telegraph, Inc. v. Criswell, 277 F.Supp.3d 750, 802. Or.2017. Cit. generally in disc., cit. generally in cases cit. in disc. Owner and operator of an adult foster home brought an unjust-enrichment claim against personal representative of patient's estate, alleging that patient's son, acting under a power of attorney, made misrepresentations on patient's application that allowed patient to receive services from plaintiff at a lower rate. After a bench trial, the trial court found in favor of plaintiff. The court of appeals reversed. Reversing and remanding, this court held that plaintiff was entitled to restitution from patient's estate, even though patient had not made the misrepresentations herself. In making its decision, the court noted that the Restatement of Restitution treated the concepts of restitution and unjust enrichment as a coherent whole, rather than as separate concepts. Larisa's Home Care, LLC v. Nichols-Shields, 404 P.3d 912, 917, 919. Wash.App.2018. Cit. generally in sup. and in ftn. Following the reversal of defendant's convictions for patronizing a prostitute and for felony harassment, defendant filed a motion for restitution of his court- imposed financial obligations. The trial court denied defendant's request for restitution of the amount he paid to attend a class aimed at clients of prostitutes, which he was required to take by the judgment and sentence. Reversing that portion of the decision and remanding, this court held that defendant was entitled to restitution of the money paid in satisfaction of his now vacated judgment and sentence, including the cost of the required class. The court reasoned, in part, that, under principles of restitution set forth in the Restatement of Restitution, when a criminal conviction was overturned by a reviewing court, the State was obligated to refund fees, court costs, and restitution exacted from the defendant as a consequence of that conviction. State v. Hecht, 409 P.3d 1146, 1151. A L Ia For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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