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Case Citations 1 (July 2019 - April 2020)

handle is hein.ali/resndrn0013 and id is 1 raw text is: RESTITUTION 2D Work on the Restatement Second of Restitution was suspended after the publication of two Tentative Drafts in 1983 and 1984. Generally Pa.Super.2019. Cit. generally in disc. Taxpayers brought lawsuits against banks, alleging that defendants were unjustly enriched when plaintiffs unnecessarily paid them state and local transfer taxes. The trial court sustained defendants' preliminary objections in each case. After consolidating the appeals, this court affirmed, holding that plaintiffs had waived their claims against defendants by failing to file timely exceptions to the sheriff s proposed distributions. The court noted that plaintiffs' claims for unjust enrichment were based in part on the Restatement Second of Restitution and the Restatement Third of Restitution and Unjust Enrichment. Keller v. Bank of New York Mellon, 212 A.3d 52, 55. CHAPTER 1. UNDERLYING PRINCIPLES OF RESTITUTION § 1. The General Principle: Unjust Enrichment D.Md.2019. Quot. in case quot. in sup. (T.D. No. 1, 1983). 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, and that it would be inequitable for providers to retain those payments. State Farm Mutual Automobile Insurance Company v. Slade Healthcare, Inc., 381 F.Supp.3d 536, 560. COPYRIGHT 02020 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. ALl

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