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· 12/16/2008

Ades & Berg Group Investors v. Breeden

Citations

  • 550 F.3d 240
  • 2008 U.S. App. LEXIS 25208
  • 50 Bankr. Ct. Dec. (CRR) 276
  • 2008 WL 5220529

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • denying defendant leave to replead counterclaim for imposition of constructive trust because defendant could not establish that plaintiff was unjustly enriched
  • “Recognizing different equities in different contexts ... is simply a recognition that an equitable remedy is more or less appropriate when different interests are in play.”
  • “[R]etention by [a] bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust.”
  • \There is no inequity in treating [creditor] in the same manner as any other depositor/creditor who was unfortunate enough to have placed its money' with the [debtor].\

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Walker, Calabresi

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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