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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.