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

handle is hein.ali/retrdrue1199 and id is 1 raw text is: RESTITUTION AND UNJUST ENRICHMENT 3D Generally Hawaii App.2018. Cit. generally in case cit. in disc. Niece of grantor of real property brought a lawsuit against grantee, alleging that defendant breached a fiduciary and confidential relationship between the parties and was unjustly enriched when defendant sold the property to a third party, because grantor had conveyed the property to defendant to hold for plaintiff s benefit. The trial court granted defendant's motion for summary judgment, finding that plaintiff s claim for unjust enrichment failed because she never conveyed a benefit upon defendant. This court vacated and remanded, holding, inter alia, that plaintiff had standing to bring suit against defendant. The court noted that it frequently relied on Restatement Third of Restitution and Unjust Enrichment to define the law on unjust-enrichment claims. Lumford v. Yoshio Ota, 434 P.3d 1215, 1221. PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment C.A.9, 2018. Cit. in disc. The U.S. Commodity Futures Trading Commission brought a lawsuit against investment-firm founder, alleging that defendant misled potential investors by misrepresenting to his clients the efficacy of the computer model he used to make investments on their behalf. The district court granted plaintiff's motion for summary judgment and ordered defendant to, among other things, disgorge his profits. This court affirmed in part, holding, inter alia, that the district court did not err by ordering a disgorgement that took into consideration plaintiff's losses. The court cited Restatement Third of Restitution and Unjust Enrichment §§ 1 and 49 in explaining that combining restitution with rescission was appropriate here because the loss suffered by plaintiff was greater than the unjust benefit conferred onto defendant. U.S. Commodity Futures Trading Commission v. Crombie, 914 F.3d 1208, 1216. D.Hawaii Bkrtcy.Ct.2018. Quot. in disc. Corporate shareholder who was also the sole member of Chapter 11 debtor limited-liability company brought a lawsuit against debtor, debtor's manager, and transferee of debtor's property, alleging, inter alia, that defendants were unjustly enriched when they conspired to undermine plaintiff's claim against debtor by transferring away debtor's properties to another company. This court denied defendants' motion to dismiss for failure to state a claim, holding that plaintiff's claim for restitution was not barred solely because plaintiff did not directly confer a benefit upon defendants. The court cited Restatement Third of Restitution and Unjust Enrichment §§ 1 and 3 in explaining that plaintiff still had a claim for restitution even if it suffered no other losses, as long as defendants had profited from their wrongdoing. In re Cuzco Development U.S.A., LLC, 592 B.R. 352, 367. COPYRIGHT 02019 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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