Investors' lawsuit says Walsh misappropriated $21M Aug 2, 2008
Schrimsher Investments is asking the court to impose an equitable lien and constructive trust on the three homes Walsh and his wife owned, and on five life insurance policies Walsh bought. The insurance companies include: , , , and. (Orlando Business Journal)
Global Music Group of Delaware True Bidder for Assets of Death Row Records Jul 16, 2008
Goldberg is seeking a Constructive Trust with a Temporary Restraining Order to prevent the transfer of the assets. "When the Court sees the documents signed by the defendants that I rely on and when the work I did for a year in advance of the bid is made public, it is beyond question who owns this record label," Goldberg said. (Yahoo! Wire -- Entertainment News)
Some AIG Claims Dismissed in Starr Court Battle Jun 24, 2008
Also thrown out were claims for unjust enrichment and constructive trust, essentially that Starr unfairly holds these shares. However, Judge Jones ruled that a claim that Starr breached its fiduciary duty, and a conversion claim, essentially that Starr was unauthorized in its assumption of the shares, can proceed to trial. (ABC News -- Wire)
Dame Elisabeth wins $85m tax office battle May 29, 2008
"(Dame Elisabeth's) claim was to an accounting for a capital profit or gain made by Mr (Rupert) Murdoch and to an entitlement to a constructive trust estate, and she was paid the lump sum in satisfaction of those claims. The lump sum was not income," the judges said. The $85 million settlement deed arose following a potential claim against Mr Murdoch and other trustees who were responsible for an investment policy adopted by them as trustees of various Murdoch family trusts, the judgment says. (The Australian)
Murdoch wins tax appeal May 28, 2008
Welcome to The Sydney Morning Herald. Skip directly to: Search Box, , , Text Version. (Sydney Morning Herald -- Business)
Former Sonics owner sues to undo sale Apr 23, 2008
Schultz and his attorney, Richard Yarmuth, want the court to declare a "constructive trust" on the team that will allow the team to be conveyed to "an honest buyer who desires to keep the Sonics in Seattle.". The suit's accusations of "fraud" and "deception" are based on a series of e-mails written by Clay Bennett, the leader of the Oklahoma City group, and his partners. (ESPN -- Golf News)
SC files suit against Repco Low, 9 others over Iris share fraud Apr 9, 2008
Declaration that all profits earned by the defendants are held in constructive trust for the benefit of the affected investors. Orders that all the assets and properties of each of the defendants be traced and followed, and then paid to the SC for the purpose of compensating the affected investors. (The Star Online, Malaysia -- Business)
Countrywide asks for delay in shareholder suits Mar 15, 2008
Alternatively, the investors led by Arkansas Teacher Retirement System and Fire e Pension Association of Colorado asked Pfaelzer to set up a "constructive trust" to preserve those claims for trial after the merger closes. Countrywide and its directors face three similar investor lawsuits -- two in Los Angeles and one in Delaware Chancery Court -- challenging the proposed $3. (ABC News -- Wire)
What is a Trust? Feb 29, 2008
For example with the rise of unmarried couples and the problems of the dissolution of those relationships outside matrimonial law, the courts invoked the doctrine of the constructive trust to ensure that an equitable division of property could take place. Furthermore in some jurisdictions the courts have endorsed the concept of a resulting trust on money paid to a contractor for the benefit of his/her employees to the extent of their unpaid wages. (Suite101.com)
Ovechkin inks record deal Jan 11, 2008
Gaglardi and Beedie went to court claiming they were the rightful owners and wanted the court to order Aquilini to put the team in a constructive trust for them. The Canucks claimed C Kris Beech off waivers from the Blue Jackets. (AZCentral -- Sports)
Canucks owner wins court case vs. ex-partners Jan 11, 2008
Gaglardi and Beedie went to court claiming they were the rightful owners of the Canucks and wanted the court to order Aquilini to put the team in a constructive trust for them. In a judgment almost as thick as a hockey puck, Wedge rejected that claim. (ESPN -- NHL)
Claims Proceed Against Law Firm Over Sept. 11 Payout Oct 18, 2007
The lawsuit's remaining claims include breach of fiduciary duty, conspiracy, unjust enrichment and constructive trust and restitution. The plaintiffs are also alleging civil rights violations in connection with Ohrenstein 's continued use of their photos in ads and on the firm's Web site. (Law.com)
SCO's Last Bankruptcy Straw Sep 19, 2007
"Novell has sought to impose a constructive trust on the company's current funds derived from these sources, which could result in a freeze of the company's assets, and the court indicated that it would address that issue, as well.". But the trial didn't start on Sept. 17. (CIO Information Network)
Hagens Berman Sobol Shapiro: Countrywide Financial Faces Class Action Citing ERISA Violations Sep 12, 2007
According to the complaint Cruz is seeking compensation for money lost, imposition of a constructive trust on any amount by which the defendants were unjustly enriched and for the court to require defendants to appoint one or more independent fiduciaries to participate in the management of the Countrywide stock. Countrywide employees who are interested in joining this class-action lawsuit can receive more information by calling 206-623-7292, or going to. (PR Newswire)
Novell wins Unix victory over SCO Aug 12, 2007
However, he declined to grant Novell's request for a constructive trust confiscating SCO's assets to cover SCO's SVRX licence liabilities, because the actual amount at stake is a factual issue yet to be determined. Thus SCO v. Novell might still go to trial in about six weeks or so, unless of course the parties settle out of court before then. (Inquirer)
ERISA Bars Medical Expense Lien Against Child's Trust Jul 26, 2007
Whittington argued that the court should therefore "impose a constructive trust, restitution or an injunction over the settlement proceeds ... and direct payment of the money to the plan to enforce its reimbursement interest." ... By contrast, in Great-West, the court found the action was one for money damages, rather than an action to impose a constructive trust or equitable lien on "particular funds or property," since the funds were not in the plan beneficiary's possession. (Law.com)
N.Y. Court Narrows AG's Suit Against Grasso Over $187M Pay Package May 9, 2007
Seeking to force restitution of Grasso's benefits and establishment of a constructive trust to benefit the exchange. Declaring his compensation "unreasonable". (Law.com)
Baron & Budd Alleges Ex-Shareholders Breached Duties by Planning Vioxx Venture With Lanier Dec 9, 2006
There aren't any," he says of the request for documents. SALE AGREEMENTS The defendants in the suit, filed in Dallas County Court-at-Law No. 3, include Baron the Dallas-based toxic tort firm Baron founded in 1977; Russell Budd, the firm's president and majority shareholder; Steve Baron, a shareholder in Baron and a partner in Dallas firm Silber Pearlman; Brian Lidji, a partner in Lidji of Dallas; and LeBlanc Waddell, a firm in Baton Rouge, La. As alleged in the plaintiffs' original petition,... (Law.com)
Appellate Panel Skeptical of Grasso's Bid to Disqualify Judge From Compensation Case Nov 30, 2006
Schick, however, said the state is seeking restitution via a constructive trust instead of damages, and that under the law Grasso is therefore not automatically entitled to a jury trial. In addition to the issues addressed Wednesday, the Appellate Division is considering several other appeals filed by Grasso, including a challenge to Ramos' decision last month ordering Grasso to pay back what could be as much as $100 million to his former employer. (Law.com)
Court Declines to Block Christie's Sale of Picasso Painting Nov 8, 2006
A second is that the painting was held in a constructive trust. On Tuesday, Rakoff was angry with attorneys for the plaintiff and Christie's -- the plaintiff because he had obtained an order from Judge Deborah Batts sealing the complaint and Christie's because it filed opposing papers under seal. (Law.com)
Novell Continues to Go for SCO's Throat Oct 4, 2006
On Sept. 29, Novell filed for "partial summary judgment as to its Sixth, Seventh, Eighth, and Ninth Claims for Relief for constructive trust, breach of fiduciary duty, conversion, and accounting, respectively" at the U.S. District Court in Salt Lake City. These claims are not, as one might think, concerning Novell's claims that it, and not The SCO Group, still owns Unix's copyrights. (eWeek)
One Down, One to Go For Cisco Aug 19, 2006
That lawsuit includes claims for breach of fiduciary duty, unjust enrichment, constructive trust and violations of the California Corporations Code. Plaintiffs allege wrongdoing in connection with option grants and compensation to officers and directors, the timing of option grants, and the stock repurchase program. (CIO Information Network)
ANY ANSWERS: Limited company using a partnerships bank account. By Nichola Ross Martin Aug 11, 2006
The reason that I take this view is that I was party to a very similar case several years ago, and the accountants involved were unable to use the constructive trust argument as a defence against s.419 ICTA 1988 ... Constructive trustI had a case similar to this several years ago ... We took it to the General Commissioners on a constructive trust argument and won. (Accounting Web, UK)
Ex-'L&O: CI' actor sued by former manager Aug 9, 2006
They also seek unspecified compensatory damages for breach of contract, and Endeavor asks the court to order a constructive trust for all payments received by Vance. Copyright 2006. (CNN -- Showbiz)
Agent sues Law & Orders Courtney Vance Aug 5, 2006
They also seek unspecified compensatory damages for breach of contract, and Endeavor asks the court to order a constructive trust for all payments received by Vance. The case is Dolores Robinson Entertainment v. Vance, BC356276. (MSNBC -- News)
Aquiline Awarded Ownership of Navidad Jul 17, 2006
"1) A declaration that Inversiones holds the Navidad Claims pursuant to a constructive trust in favour of Minera Aquiline.2) This court grants a mandatory injunction requiring:a) that Inversiones transfer the Navidad Claims and any assets related thereto to Minera Aquiline or its nominee within 60 days of this order;b) that IMA take any and all steps required to cause Inversiones to comply with the terms of this order;c) that the transfer of the Navidad Claims and any assets related thereto is... (CCNMatthews Press Releases)
Adroit Resources Inc.: Private Placement Closed Jun 21, 2006
Tres-Or has now filed a Statement of Defence denying liability and a Counterclaim seeking a declaration that Adroit's 2/3 interest in the joint venture property is held in a constructive trust for Tres-Or and seeking unspecified damages. The Company is of the view that the counterclaim is without merit and intends to proceed with its claims against Tres-Or. (CCNMatthews Press Releases)
Widower left out in the cold by children Jun 11, 2006
Or you could claim that he and his wife are holding your money in a "constructive trust," especially since you and your son are in a confidential relationship. The law does not allow a person to keep money that has been acquired through a breach of trust or the violation of a fiduciary duty, which is what we believe you have here. (Pittsburgh Post-Gazette, PA)
Attorney's Affair With Criminal Leads to Litigation and Bankruptcy May 18, 2006
She was supposed to hold them in a constructive trust for him, he alleges. Instead, when she broke off the relationship in 2001, she kept the property, emptying his bank accounts, raiding his safe deposit box and transferring assets to her husband, Olszewski, Scaffidi contends. (Law.com)
Dental Office Isn't "Noxious" Business Feb 18, 2006
and Helen Roosevelt (of Teddys, not Franks wing of the family) led a suit by the East Sixties Property Owners Association to try to boot them out, demanding a permanent injunction and a constructive trust on all their revenues. The angry Masters of the Universe sued under an 1868 real estate covenant that provided. (Blawg -- Business Law)
