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

handle is hein.ali/relwrstn0071 and id is 1 raw text is: RESTITUTION PART I. THE RIGHT TO RESTITUTION (QUASI CONTRACTS AND KINDRED EQUITABLE RELIEF) CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. UNDERLYING PRINCIPLES § 1. Unjust Enrichment D.D.C.2019. Cit. in sup. In multidistrict litigation, consumers filed class actions against seller of black pepper, alleging that seller deceived consumers into believing that they were buying more pepper than they actually received by, among other things, reducing the weight of the pepper in its opaque metal containers without changing the container size or price, so that the packages contained nonfunctional slack-fill that was not visible to consumers. This court denied in part consumers' motion to certify two multi-state unjust-enrichment classes, holding that, while all 29 jurisdictions in the two proposed classes followed the definition of unjust enrichment set forth in Restatement of Restitution § 1, consumers failed to establish that there were no material variations in unjust-enrichment law in the jurisdictions represented in each proposed class. In re McCormick & Company, Inc., Pepper Products Marketing and Sales Practices Litigation, 422 F.Supp.3d 194, 230. D.Md.2019. Com. (b) quot. in sup. Insurer sued insurance broker, alleging, among other things, that broker breached the exclusivity clause in the parties' marketing agreement by negotiating with another insurer, and that broker unjustly enriched itself by accepting and retaining insurer's services without payment for their value. This court denied broker's motion to dismiss, holding that insurer plausibly alleged that broker obtained the benefit of insurer's payments while violating its promises not to compete against insurer under Restatement of Restitution § 1 and Restatement Second of Restitution § 1. The court rejected broker's argument that insurer's unjust-enrichment claim failed because insurer was party to an express contract governing the subject matter of that claim, noting that it would be premature for the court to conclude, prior to discovery, that the agreement would necessarily govern the subject matter at issue, given that the existence of the agreement was disputed. Transamerica Premier Life Insurance Company v. Selman & Company, LLC, 401 F.Supp.3d 576, 597. D.Utah, 2019. Quot. in sup. After insured under a life-insurance policy committed suicide during his divorce proceedings, insurer filed an interpleader action against insured's wife, who was the original beneficiary of the policy, and against insured's brother, who was the named beneficiary at the time of insured's death. This court granted summary judgment for wife and ordered that a constructive trust be imposed in her favor on the policy proceeds, holding that, while there were no allegations that brother acted wrongfully, wife stated a claim for unjust enrichment under Restatement of Restitution § 1 based on insured's fraudulent misrepresentations to the divorce court that wife was the beneficiary of the policy. The court explained that, when a person possessed property that in equity and good conscience belonged to another, the fact that the person was innocent of any affirmative wrongdoing with respect to COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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