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Case Citations [1] (July 2019 - April 2020)

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                                  RESTITUTION



Generally

Or.2019. Cit. generally in disc. and in treatises cit. in disc. Trustee of constructive trust for Ponzi-
scheme  victims brought an action to quiet title in federal court against, among others, the United States
regarding funds fraudulently obtained by investor that were subject to federal tax liens. The district court
granted defendant's motion to dismiss. The court of appeals certified a question to this court. This court
answered, explaining, inter alia, that constructive trusts were only established under Oregon law when a
court imposed them. The court observed that before the Restatement of Restitution, the theory of
constructive trusts varied among jurisdictions, and explained that the Restatement seemed to impose
constructive trusts on property at the time of the transaction, but subsequent Oregon caselaw clarified
that such trusts were actually equitable ownership interests in the property and not an equitable remedy.
Wadsworth  v. Talmage, 450 P.3d 486, 493, 494, 496.



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

                          CHAPTER 1. INTRODUCTORY MATTERS

                             TOPIC   1. UNDERLYING PRINCIPLES

§ 1. Unjust Enrichment

S.D.Cal.2019. Coins. (a)-(e) cit. in case cit. in disc. (general cite). After consumers brought a putative
class action against drug manufacturers, alleging claims of false advertising and deceptive marketing,
defendants moved  to exclude plaintiffs' expert testimony calculating damages, arguing that the
calculations did not take into account benefits plaintiffs received from using defendants' products. This
court denied defendants' motion to exclude expert testimony and granted in part and denied in part
defendants' motion for partial summary judgment, holding, inter alia, that there was a genuine issue of
material fact as to whether defendants owed plaintiffs restitution for false advertisement and deceptive
marketing. The court explained that, under Restatement of Restitution §§ 1 and 151, plaintiffs could
either pursue damages in the form of a full refund for each plaintiff, or seek disgorgement of defendants'
profits, because the purpose of restitution was to restore plaintiffs and to deny defendants any benefits
from wrongful acts. Krueger v. Wyeth, Inc., 396 F.Supp.3d 931, 951.

D.Md.2019.  Com.  (b) quot. in sup. Insurer sued medical providers that treated patients who were
entitled to no-fault benefits from insurer for injuries sustained in motor-vehicle accidents, alleging that
providers engaged in a fraudulent scheme in which they provided treatment and submitted medical bills
that exploited patients' insurance benefits without regard to their actual medical needs. This court denied
providers' motion to dismiss, holding that insurer stated a claim for unjust enrichment that potentially
entitled it to restitution under Restatement of Restitution § 1 and Restatement Second of Restitution § 1
by alleging that providers accepted payments from insurer for providing fraudulent medical services,
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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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