About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/retrdrue1198 and id is 1 raw text is: 





   RESTITUTION AND UNJUST ENRICHMENT 3D



   Generally

   D.D.C.2018. Cit. generally in disc. The Federal Deposit Insurance Corporation (FDIC) brought, inter
   alia, an unjust-enrichment claim against insured bank that misrepresented data used to calculate its risk
   and underpaid its quarterly deposit insurance assessment, seeking full payment of the properly
   calculated assessed amount. This court denied defendant's motion to dismiss, holding that plaintiff was
   entitled to plead alternative theories of liability and seek both equitable and legal remedies, and that
   plaintiff had adequately stated its claim for unjust enrichment. The court noted that plaintiff relied on
   Restatement Third of Restitution and Unjust Enrichment for support that its unjust-enrichment claim
   was permissible even though it also sought a legal remedy. Federal Deposit Insurance Corporation v.
   Bank of America, N.A., 308 F.Supp.3d 197, 202.

   Hawaii, 2018. Cit. generally in ftn. In customer's class action against hotel that collected service
   charges from customers but failed to distribute the charges to its employees as tip income, this court
   determined that customer was entitled to recover his expectation damages in the amount of the total
   service charge that defendant improperly retained for itself. In making its decision, the court noted that
   expectation damages were one of three types of damages generally recognized in the law of contracts;
   the other two included reliance damages and restitution damages as described in the Restatement Third
   of Restitution and Unjust Enrichment. Kawakami v. Kahala Hotel Investors, LLC, 421 P.3d 1277, 1284.

   Foreword

   Cal.App.2018. Foreword quot. in sup. After investment advisor took funds from client's account
   without permission and used them to repay a loan from his lender, client sued lender, seeking to recover
   the funds. The trial court granted summary judgment for lender. Reversing and remanding, this court
   held that questions of fact remained as to the extent of lender's knowledge regarding the source of the
   funds and of its good faith, and whether it would be equitable to restore the funds to client under a quasi-
   contract theory. The court cited the Restatement Third of Restitution and Unjust Enrichment in noting
   that a cause of action for quasi-contract focused on equitable principles, and its key phrase was unjust
   enrichment, which was used to identify the transfer of money or other valuable assets to an individual or
   entity that was not entitled to them. Welborne v. Ryman-Carroll Foundation, 231 Cal.Rptr.3d 806, 811.



                                    PART I. INTRODUCTION

                              CHAPTER 1. GENERAL PRINCIPLES

  § 1. Restitution and Unjust Enrichment

  C.A.5, 2018. Cit. in ftn. Terminated employee who obtained continuation coverage under former
  employer's ERISA health-care plan through the Consolidated Omnibus Budget Recovery Act (COBRA)
  sued former employer, alleging that defendant discontinued its health plan without notifying him, in

                              COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE
                                            All rights reserved

ALI                                  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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most