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Unjust Enrichment Remedies

Charles E. Rounds, Jr. - Suffolk University...

When trustee’s unauthorized self-dealing causes no direct harm to trust corpus can trustee still be surcharged?

Profit narrowly defined is total revenue minus total expenses, i.e., net gain. Profit broadly defined is merely a synonym for benefit. When a trustee’s unauthorized self-dealing directly harms the trust estate, the trustee is...more

Butler Snow LLP

Federal judge provides reminder that fraudulent mass tort litigation can carry criminal, as well as civil, consequences

Butler Snow LLP on

Recently, a Mississippi federal judge provided a heartening reminder that, while it may seem all too often ignored, fraud in the mass tort context can carry serious—indeed, criminal—consequences. As we discuss below, victims...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

White & Case LLP on

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Patton Sullivan Brodehl LLP

Loan Guaranties: Statutory and Legal Defenses Can Be Waived, But What About Equitable Defenses?

Guarantors of loans occupy a vulnerable position under California law. While direct borrowers often benefit from California’s robust statutory anti-deficiency framework, those protections are often unavailable for...more

Bond Schoeneck & King PLLC

Appellate Division Rules that Town Cannot Use Contract Law Provisions to Recover Taxes

In Town of Amherst v Brewster Mews Hous. Co., Inc and Town of Amherst v. Pepper Tree Hgts. Hous. Co., Inc. (4th Dept. 2015), the Appellate Division held that a taxing jurisdiction could not use contract remedies to recover...more

Cooley LLP

Blog: What States Should Know About Unjust Enrichment

Cooley LLP on

Who can be sued? A claim can be brought against any person who has been unjustly enriched at the expense of the state. There is no need for there to be a contractual relationship between the state and the enriched party....more

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