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Case Citations [i] (Spring 2026)

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                            THE AMERICAN


                              LAW INSTITUTE



                                    Spring 2026 Citations



                                RESTITUTION



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

                         CHAPTER 1.   INTRODUCTORY MATTERS

                           TOPIC   1. UNDERLYING PRINCIPLES

§ 1. Unjust Enrichment

D.Minn.2025. Cit. in case quot. in sup. In multidistrict litigation, direct and indirect purchasers of pork
products sued pork producers and others, alleging that defendants engaged in a price-fixing conspiracy
to artificially constrict the supply of pork products in the United States. This court denied in part
defendants' joint motion for summary judgment on indirect purchasers' unjust-enrichment claims,
holding that, because there was sufficient evidence for a jury to determine that defendants formed a
conspiracy that benefitted them and harmed indirect purchasers, and it was unclear whether those
purchasers had other adequate remedies at law, they could proceed on their unjust-enrichment theories,
in the alternative, under the laws of certain states. The court cited Restatement of Restitution § 1 in
explaining that unjust-enrichment claims required a showing that a defendant received a benefit at a
plaintiff s expense under circumstances that would make it unjust for a defendant to retain the benefit
without paying for it. In re Pork Antitrust Litigation, 781 F.Supp.3d 758, 884.

Ind.App.2025. Quot. in case quot. in sup. Majority members oflimited-liability companies filed claims
for, among other things, unjust enrichment against former sole manager of the companies, alleging that
manager failed to credit members' down payments for their planned purchase of additional membership
interest units in the companies toward their actual purchase of the additional units. After a bench trial,
the trial court entered judgment in favor of members. While largely affirming, this court reversed in part
and remanded, holding that majority members could not recover on their claim for unjust enrichment
under Restatement of Restitution § 1. The court explained that the purchase of the additional units in the
companies was governed by an express written contract that fully outlined the payment terms, and
where, as here, an express contract controlled, recovery could not be had on an unjust-enrichment
theory. Harper v. S&H Leasing, LLC, 260 N.E.3d 960, 972.

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