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conversion, unjust enrichment, restitution, the right to an accounting, human rights violations and violations of international law: U.S. Court of Appeals for the Ninth Circuit: In re American Realty Capital Properties, Inc. Litigation: violations of Section 11 of the Securities Act of 1933: U.S. District Court for the Southern District of New York
Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English unjust enrichment law and restitution. Content [ edit ]
The law responds to each of them by imposing an obligation to pay compensatory damages. Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution. Example. In Attorney General v Blake, [25] an English court found itself faced with the following claim. The ...
AMG Capital Management, LLC v. Federal Trade Commission , 593 U.S. ___ (2021), was a U.S. Supreme Court case dealing with the ability of the Federal Trade Commission (FTC) to seek monetary relief for restitution or disgorgement from those that it found in violation of trade practices.
The term clawback or claw back refers to any money or benefits that have been given out, but are required to be returned (clawed back) due to special circumstances or events, such as the monies having been received as the result of a financial crime, or where there is a clawback provision in the executive compensation contract.
Examples of substantiated civilian whistleblower reprisal cases: A retired electronics mechanic formerly employed at a naval agency was reprised against after disclosing improperly surveyed equipment, insufficient repair facility resources, and failures in quality assurance in an aircraft maintenance and repair program.
One study authored by research psychiatrist Dr. Mindy Thompson Fullilove and published by the nonprofit Institute for Justice looked at cases involving the Federal Housing Act between 1949 and 1973.
The following is an excerpt about the change of position defence at work. The Change Of Position Issue. 76 As Mr Howe correctly observed in the course of argument, “change of position” is what this case is really all about. 77 In Lipkin Gorman (above) the House of Lords recognised change of position as a defence to restitutionary claims. In ...