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

handle is hein.ali/retrdrue1200 and id is 1 raw text is: RESTITUTION AND UNJUST ENRICHMENT 3D PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment C.A.8, 2019. Com. (b) quot. in case quot. in diss. op. Phone carrier service company brought a lawsuit against conference call service company, alleging, inter alia, that defendant was unjustly enriched through an illegal scheme by inducing local phone carrier company to bill impermissible access charges to plaintiff. After several appeals and remands, the district court granted defendant's motion to dismiss. This court affirmed, holding that the district court did not err in finding that defendant was not unjustly enriched, because defendant had earned the benefit conferred onto it by plaintiff by providing technical support and website services. The dissent argued that the district court abused its discretion, because it failed, under Restatement Third of Restitution and Unjust Enrichment § 1, Comment b, to give sufficient weight to the fact that defendant and local phone carrier's scheme was illegal and did not have plaintiff s consent. Qwest Communications Corporation v. Free Conferencing Corporation, 920 F.3d 1203, 1208. N.D.Ill.Bkrtcy.Ct.2019. Com. (c) quot. in ftn. After debtor filed for Chapter 13 bankruptcy, creditors brought, among other things, a claim for quantum meruit against debtor, alleging that, even though debtor had orally promised to hold real property on creditors' behalf in exchange for monies, he sold the property for profit and was unjustly enriched. This court overruled in part debtor's objection to creditors' claim, holding that debtor was unjustly enriched, because debtor had sold the property for profit while retaining creditors' earnest money payments. The court cited Restatement Third of Restitution and Unjust Enrichment § 1, Comment c, in noting that the use of the term restitution to denote liability based on unjust enrichment was confusing, because there were instances in which unjust-enrichment claims did not involve the restoration of anything previously possessed by claimant. In re Rowell, 606 B.R. 329, 344. Fla.App.2018. Quot. in sup. Medical providers brought claims for, among other things, breach of fiduciary duty against prospective investors that used plaintiffs' confidential information to form a competing business. After a bench trial, the trial court found in favor of plaintiffs and, on remand, awarded plaintiffs a reduced amount of damages. This court reversed in part and remanded for entry of an award based on the full amount of out-of-pocket damages established by the testimony of plaintiffs' experts. The court reasoned, in part, that the trial court improperly reduced plaintiffs' damages based on their supposed lack of business skills, noting that, under Restatement Third of Restitution and Unjust Enrichment § 1, disgorgement was an equitable remedy intended to prevent unjust enrichment by stripping wrongdoers of the gains from their misconduct, and that disgorgement could be awarded even if the claimant did not sustain any loss. Bailey v. St. Louis, 268 So.3d 197, 201. N.Y.Sup.Ct.App.Div.2019. Com. (a) cit. in sup. Following insured's lawsuit against insurer for failure to indemnify it in an underlying personal-injury lawsuit, insurer entered into a settlement agreement with third-party insurer that had indemnified insured in the personal-injury action. Insurer filed a cross- 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.

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