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

handle is hein.ali/retrdrue1203 and id is 1 raw text is: RESTITUTION AND UNJUST ENRICHMENT 3D Generally C.A.1, 2020. Cit. generally in case cit. in disc. and in ftn. Assignee of home-equity line that burdened real property jointly owned by mother, father, and trustee sued trustee, seeking, inter alia, to impose an equitable lien on the real property, because defendant was unjustly enriched when she invalidated the home-equity line through the proceeds of a property sale obtained before the probate court. The district court granted in part plaintiff's motion for summary judgment. This court reversed and remanded, holding that the district court erred in imposing an equitable lien on the real property, because no transactional nexus existed between the burdened real property and the events of this instant action. The court noted that it looked to the Restatement Third of Restitution and Unjust Enrichment to analyze whether Massachusetts law supported the grant of an equitable lien when no owner of defendant's real property agreed to encumber the property and the proceeds of the transaction did not benefit the property or its true owners, reasoning that there was no precedent on this issue from the Massachusetts Supreme Court and Massachusetts often cited the Restatement to resolve similar issues. Wilmington Savings Fund Society, FSB v. Collart, 980 F.3d 210, 215. PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment C.A.11, 2021. Com. (a) cit. and quot. in sup. Seller of flooring resin sued manufacturer, alleging, inter alia, that defendant breached the parties' settlement agreement when it sold and marketed flooring resin without plaintiff's permission. The district court entered judgment on a jury verdict for plaintiff. This court vacated and remanded, holding that, although the record supported a jury finding that plaintiff was entitled to nominal damages for defendant's breach of the parties' settlement agreement, plaintiff failed as a matter of law to prove it was entitled to actual damages or restitution due to defendant's breach. The court relied on Restatement Third of Restitution and Unjust Enrichment § 1, Comment a, in defining restitution, and explained that restitution in the form of disgorgement was inappropriate in this instant action, because Georgia law did not seem to permit disgorgement for claims sounding in contract. AcryliCon USA, LLC v. Silikal GmbH, 985 F.3d 1350, 1368. D.Ariz.2020. Com. (a) cit. in sup. The Federal Trade Commission sued, among others, independent- sales organization, alleging that defendant facilitated a fraudulent credit-card laundering scheme, and seeking disgorgement in the amount of the total credit-card transactions run through defendant and other participants in the scheme, minus credit-card chargebacks. This court denied defendant's motion for summary judgment and held that plaintiff's disgorgement award was limited to defendant's net profits. Citing Restatement Third of Restitution and Unjust Enrichment §§ 1 and 51, the court observed that plaintiff's requested remedies constituted restitution as well as disgorgement, and pointed out that 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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