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Case Citations [i] (Fall 2025)

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                            THE AMERICAN


                            LAW INSTITUTE



                                     Fall 2025 Citations



                             RESTITUTION 2D



               CHAPTER 1.   UNDERLYING PRINCIPLES OF RESTITUTION

§ 1. The General Principle: Unjust Enrichment

D.Md.2024. Cit. in sup. (general cite). Grandson, as representative of his deceased grandmother's estate,
brought an unjust enrichment claim against pharmaceutical company, alleging that defendant was
enriched by its receipt of grandmother's cervical cells that were obtained by third-party physicians
without her consent and used by defendant to develop adeno-associated virus vectors for gene therapy.
This court denied defendant's motion to dismiss and held that plaintiff stated a claim for unjust
enrichment, rejecting defendant's assertion that plaintiff failed to plead that defendant was not a bona
fide purchaser. The court noted that Maryland caselaw historically looked to Restatement Second of
Restitution § 1 for the three elements of an unjust enrichment claim, which did not include a distinct
requirement that a defendant was not a bona fide purchaser. Lacks v. Ultragenyx Pharmaceutical, Inc.,
734 F.Supp.3d 397, 415, 417, 419.



















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