JD Supra

“Clearing” the constructive trustee’s legal title: The doctrinal and practical considerations

The court in Freeport-McMoRan Oil & Gas LLC v. 1776 Energy Partners, LLC, 672 S.W.3d 391 (Tex. 2023) explained that “constructive trusts, being remedial in character, have the very broad function of ...
Law

Flexing the Muscles of the Court—Constructive Trust for Undisclosed Assets

One of the hallmarks of property settlement agreements is the requirement for full and fair disclosure of assets and income. The need for full disclosure is self-evident—one cannot knowingly give up a ...

Constructive Trust Claim Denied; Overstatement in Rent Demand Found Not De Minimus: This Week in Scott Mollen’s Realty Law Digest

Accordingly, the court dismissed the plaintiffs’ claims for constructive trust but enforced the Oct. 1, 2007 agreement ...
JD Supra

Navigating Liability for Dishonest Assistance: An Account of Profit, Loss and Constructive Trusts - Supreme Court Judgment: Stevens V Hotel Portfolio Ii Uk Ltd (“hpii”) (in ...

The UK Supreme Court has recently addressed novel issues concerning liability for dishonest assistance in respect of a breach of fiduciary duty, involving the acquisition and dissipation of ...