· 6/2/2014
Wiand Ex Rel. Valhalla Investment Partners, L.P. v. Lee
Citations
- 753 F.3d 1194
- 2014 WL 2446084
- 2014 U.S. App. LEXIS 10154
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a 15 receiver has standing to sue on behalf of the receivership entities for fraudulent transfers 16 even where the bad actor controlled and managed the receivership entities
- explaining that Florida law on prejudgment interest applied where the district court exercised supplemental jurisdiction over the receiver’s FUFTA claim
- observing that “Florida courts have awarded prejudgment interest . . . on unjust enrichment claims as a matter of course”
- explaining that equitable factors guide a district court’s decision on whether to award prejudgment interest or to reduce the amount of interest
- relying on Cunningham for the proposition that Ponzi schemes are “insolvent and become more insolvent with each investor payment”
- applying the Ponzi scheme presumption in a fraudulent transfer action brought by a receiver under Florida’s Uniform Fraudulent Transfer Act
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Anderson, Fuller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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