News & Analysis as of

Restitution Unjust Enrichment

Cadwalader, Wickersham & Taft LLP

Second Circuit Rules in Favor of Citibank in Accidental $500m Transfer in Revlon Loan Transaction

In a decision rendered September 8, 2022, a three-judge panel for the United States Court of Appeals for the Second Circuit (the “Court”) vacated a February, 2021 decision by the United States District Court for the Southern...more

Venable LLP

“Are You Guys Into Crypto????”: Celebrities Promoting Cryptocurrencies Become Class Action Targets

Venable LLP on

A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any...more

A&O Shearman

No "restitution voucher" to redeem for earlier overpayments

A&O Shearman on

A party who had paid more than the value of the benefit under a contract that was later found to be void could not set off the overpayments against a claim for restitution for a later period where they failed to make payments...more

Sullivan & Worcester

What Happens if You Make a Payment in Error? – The LMA Responds to the Revlon Loan Dispute

Sullivan & Worcester on

Few cases in recent memory have stirred up as much concern and controversy in the syndicated loan market—on both sides of the Atlantic—as the Revlon case. The ruling of the New York federal court in Revlon was that the...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

Robins Kaplan LLP

Kanye West and EMI Agree in Principle to Settle Legal Quarrel

Robins Kaplan LLP on

Kanye West and music publisher EMI have agreed on something (at least in theory) – to settle their legal battle. According to a court document filed on September 23, the parties reached an “agreement in principle” to settle...more

BCLP

Quantum meruit – how much is too much?

BCLP on

Parties to a construction contract often consider entering into a letter of  intent in advance of agreeing all the contract terms, with the expectation that the contractor will be paid on a quantum meruit basis. In Moorgate...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

Butler Snow LLP

Ohio Court Gives Effect to a Different Kind of Reservation of Rights Letter

Butler Snow LLP on

The importance of the ordinary reservation of rights letter – “we will defend you, but that doesn’t mean we’re going to pay a judgment” — is well known. A different kind of reservation of rights letter – “We will defend you...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Morrison & Foerster LLP - Class Dismissed

“Food” Courts Confirm That Price Premium Is the Proper Measure of Damages in Misbranding Cases

The flurry of food mislabeling class actions filed in California federal courts has recently come to a halt under the U.S. Supreme Court’s holding in Comcast v. Beherend. Comcast requires that putative class action plaintiffs...more

Cozen O'Connor

California Supreme Court: Insurer Can Directly Sue Independent Counsel for Excess Fees in Limited Circumstances

Cozen O'Connor on

On August 10, 2015, the California Supreme Court issued a unanimous decision that could have broad implications regarding an insurer’s right to seek reimbursement of unreasonable fees and costs directly from so-called Cumis...more

BakerHostetler

Visa Loses Motion to Dismiss in Genesco Case - Are the Days for PCI Assessments Numbered?

BakerHostetler on

In a highly anticipated decision, a federal court in Tennessee let stand a retailer’s claims against Visa for violation of California’s Unfair Competition Law (UCL) and for common law claims for unjust enrichment and...more

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