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Case Citations [i] (Fall 2025)

handle is hein.ali/retrdrue1210 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2025 Citations RESTITUTION AND UNJUST ENRICHMENT 3D Generally D.Vt.2024. Cit. in case cit. generally in ftn. Owner of patents related to transdermal patches used to treat Parkinsons disease filed a patent-infringement claim against competitor that sought approval for a generic version of the patches; competitor counterclaimed, arguing that the parties' covenant not to sue regarding competitor's generic patches contained a condition subsequent which imposed the burden of proof on owner to prove that the covenant did not apply to competitor's modified versions of the patches. This court granted competitor's motion for partial summary judgment, explaining that the covenant contained a condition subsequent under the Restatement Second of Contracts that was triggered only if competitor modified components of its generic products so as to alter the infringement analysis. The court noted that the Vermont Supreme Court had frequently looked to the Restatements for guidance, including the Restatement Third of Restitution and Unjust Enrichment. UCB, Inc. v. Mylan Technologies Inc., 720 F.Supp.3d 320, 333. PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment N.D.Cal.2024. Cit. in case cit. in sup. (general cite). In a consolidated putative class action, users of tax- preparation websites sued operator of an online social network, alleging that it collected their personal financial data without their consent through a tracking tool installed on the tax-preparation websites. This court denied in part operator's motion to dismiss, holding that users sufficiently pleaded a claim for unjust enrichment under California law and the Restatement Third of Restitution and Unjust Enrichment. The court pointed out that users alleged that operator benefited financially by wrongfully and unlawfully receiving, using, and selling their confidential tax and financial information without their consent, and that they had inadequate legal remedies, as required to state a claim for unjust enrichment. In re Meta Pixel Tax Filing Cases, 724 F.Supp.3d 987, 1008. COPYRIGHT C2025 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.