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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/retrdrue1202 and id is 1 raw text is: RESTITUTION AND UNJUST ENRICHMENT 3D Generally D.Or.2019. Cit. generally in case quot. in sup. Former employees filed a putative class action against former employer, alleging that employer wrongfully deducted from their wages the cost to purchase non-slip shoes that were required as part of their uniform, and wrongfully failed to credit employees for a $2 rebate it received per pair of shoes from the shoe supplier. This court denied employer's motion for summary judgment on employees' claim for unjust enrichment, holding, based in part on Restatement Third of Restitution and Unjust Enrichment § 48, that employees' allegations of a right to a refund of overpayment fell in an established legal category of unjust enrichment. The court noted that the Oregon Supreme Court had identified the Restatement Third of Restitution and Unjust Enrichment as a proper authority when considering whether any particular enrichment was unjust. Gessele v. Jack in the Box, Inc., 427 F.Supp.3d 1276, 1335. PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment U.S.2020. Quot. in diss. op.; com. (a) quot. in diss. op. Beneficiaries of defined-benefit retirement plan brought a putative class action under the Employee Retirement Income Security Act against former employer, alleging that defendant violated its fiduciary duties of prudence and loyalty by mismanaging the plan. The district court granted defendant's motion to dismiss. The court of appeals affirmed. This court affirmed, holding that plaintiffs lacked standing under Article III to bring suit, because they continued to receive their legally and contractually entitled monthly retirement payments in full and suffered no other injuries granting them standing. The dissent argued that plaintiffs had Article III standing or could otherwise bring suit as representatives of the plan even if they did not personally suffer financial loss, because, among other things, the plan was a form of trust pursuant to which plaintiffs were entitled to an equitable interest, and, under Restatement Third of Restitution and Unjust Enrichment § 1, defendant was subject to liability to plaintiffs if it were unjustly enriched by violating fiduciary duties owed to them. Thole v. U.S. Bank N.A., 140 S.Ct. 1615, 1629. D.Md.2020. Com. (b) cit. in sup. State board of education, which paid for rheumatoid-arthritis treatments for two of its employees, sued manufacturer of rheumatoid-arthritis treatment drugs, distributor of the drugs, and former board member of entity wholly owned by manufacturer, alleging, inter alia, that defendants were unjustly enriched when they massively increased the price on the drugs in an immoral and unjust manner. This court granted defendants' motion to dismiss, holding that plaintiff failed to allege an underlying tort that could sustain its unjust-enrichment claim. The court explained that Maryland law was unclear as to whether or not it permitted unjust-enrichment claims without an underlying tort, and, under Restatement Third of Restitution and Unjust Enrichment § 1, Comment b, the common law traditionally dismissed such claims if they lacked a legal basis even if COPYRIGHT ©2021 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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