· 5/11/2004
Qualchoice, Inc. v. Robin Rowland
Citations
- 367 F.3d 638
- 32 Employee Benefits Cas. (BNA) 2601
- 2004 U.S. App. LEXIS 9160
- 2004 WL 1047581
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the Supreme Court’s intervening opinions, including Knudson, compelled it to “abandon” its prior position that federal common law provided a basis for a fiduciary’s reimbursement claim
- analyzing similar circumstances as a Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction
- “[A] plaintiff is not necessarily required to prove wrongdoing by the defendant in order to obtain relief through imposition of a constructive trust or an equitable lien.”
- plaintiff “not necessarily required to prove wrongdoing by the defendant in order to obtain relief through imposition of a constructive trust or an equitable lien” because constructive trust is based on property, not wrongs [quotation marks omitted]
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Moore, McKeague
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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