Matter of Floral Park Drugs, Inc. v. Nationwide Gen. Ins. Co.

How courts have described this case

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

• holding that the government satisfied its burden of providing a reasonable approximation of unjust enrichment and that defendants could not meet their burden of rebutting the government's calculations
• concluding that plaintiff presumptively satisfied her burden by calculating the amount of actual profits
• holding that the government satisfied its burden of providing a reasonable approximation of unjust enrichment and that defendants could not meet their burden of rebutting the government’s calculations
• holding that profits derived outside of the illegal activity are not subject to disgorgement if the defendant shows a clear break or a considerable attenuation between the illegal activity and the funds in question
• explaining that securities defendants are “not to be punished because they vigorously contest the government’s accusations”
• holding that disgorgement is one of “the inherent equitable powers of the District Court [ ] available for the proper and complete exercise of [its] jurisdiction” under the securities laws (quoting Porter v. Warner Holding Co., 328 U.S. 395, 398 (1946))

Source: CourtListener parenthetical corpus (CC0).