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Case Citations [i] (Fall 2023)

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                                THE   AMERICAN
                                LAW INSTITUTE


                                       Fall 2023 Citations



                                 RESTITUTION



Generally

Cal.App.2022.  Cit. generally in case cit. in disc. City sued football league and member clubs, alleging,
inter alia, that defendants were unjustly enriched when they relocated a member club to a different city,
resulting in member club increasing in value and football league receiving a relocation fee. The trial
court sustained defendants' demurrer. This court affirmed, holding that plaintiff failed to state a claim
for unjust enrichment, because it failed to allege that it had a better legal or equitable right to member
club's increase in value and league's relocation fee. The court noted that state law frequently looked to
the Restatement of Restitution and the Restatement Third of Restitution and Unjust Enrichment in
analyzing unjust-enrichment claims. City of Oakland v. Oakland Raiders, 299 Cal.Rptr.3d 463, 479.



       PART  I. THE  RIGHT   TO  RESTITUTION (QUASI CONTRACTS AND KINDRED
                                    EQUITABLE RELIEF)

                         CHAPTER 1. INTRODUCTORY MATTERS

                            TOPIC   1. UNDERLYING PRINCIPLES

§ 1. Unjust Enrichment

C.A.11, 2023. Quot. in sup.; com. (a) quot. in sup. U.S. citizen who inherited an interest in a Cuban
waterfront property that was confiscated by the Cuban government during the Cuban revolution sued
cruise-line operators, alleging that they were liable under the Cuban Liberty and Democratic Solidarity
Act for using the property to embark and disembark cruise-ship passengers without payment or
authorization. The district court granted defendants' motions for judgment on the pleadings. This court
affirmed, holding that, while plaintiff had standing to assert his claims, his claims failed on the merits.
The court cited Restatement of Restitution § 1 in noting that, even if plaintiff's claimed injury was
somehow  intangible, it was still concrete; the court explained that the private right of action created by
Congress under the Act bore a close relation to the remedy of unjust enrichment, and defendants were
allegedly unjustly enriched at plaintiff's expense. Garcia-Bengochea v. Carnival Corporation, 57 F.4th
916, 925, 926.



                        CHAPTER 2. MISTAKE, INCLUDING FRAUD

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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.