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Case Citations [i] (Fall 2023)

handle is hein.ali/relwrstn0077 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations RESTITUTION Generally Cal.App.2022. Cit. generally in case cit. in disc. City sued football league and member clubs, alleging, inter alia, that defendants were unjustly enriched when they relocated a member club to a different city, resulting in member club increasing in value and football league receiving a relocation fee. The trial court sustained defendants' demurrer. This court affirmed, holding that plaintiff failed to state a claim for unjust enrichment, because it failed to allege that it had a better legal or equitable right to member club's increase in value and league's relocation fee. The court noted that state law frequently looked to the Restatement of Restitution and the Restatement Third of Restitution and Unjust Enrichment in analyzing unjust-enrichment claims. City of Oakland v. Oakland Raiders, 299 Cal.Rptr.3d 463, 479. PART I. THE RIGHT TO RESTITUTION (QUASI CONTRACTS AND KINDRED EQUITABLE RELIEF) CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. UNDERLYING PRINCIPLES § 1. Unjust Enrichment C.A.11, 2023. Quot. in sup.; com. (a) quot. in sup. U.S. citizen who inherited an interest in a Cuban waterfront property that was confiscated by the Cuban government during the Cuban revolution sued cruise-line operators, alleging that they were liable under the Cuban Liberty and Democratic Solidarity Act for using the property to embark and disembark cruise-ship passengers without payment or authorization. The district court granted defendants' motions for judgment on the pleadings. This court affirmed, holding that, while plaintiff had standing to assert his claims, his claims failed on the merits. The court cited Restatement of Restitution § 1 in noting that, even if plaintiff's claimed injury was somehow intangible, it was still concrete; the court explained that the private right of action created by Congress under the Act bore a close relation to the remedy of unjust enrichment, and defendants were allegedly unjustly enriched at plaintiff's expense. Garcia-Bengochea v. Carnival Corporation, 57 F.4th 916, 925, 926. CHAPTER 2. MISTAKE, INCLUDING FRAUD COPYRIGHT C2023 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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