Restitution in Public Concern Cases

Authors

Candace Kovacic-Fleischer, American University Washington College of LawFollow

Document Type

Article

Publication Date

2003

Journal

Loyola Law Review

Volume

36

Abstract

Enron Corporation. Arthur Andersen. Guns. Tobacco. Lead. Asbestos. Water Pollution. All are in the news as allegedly having caused injury. All involve restitution. Plaintiffs are bringing suits claiming that not only have they been injured, but also that the companies involved have been unjustly enriched at the plaintiffs' expense. The plaintiffs use, either explicitly or implicitly, the broad concept of restitution found in section one of the Restatement of the Law of Restitution. That section, entitled "Unjust Enrichment," says "[a] person who has been unjustly enriched at the expense of another is required to make restitution to the other."' In this Article, I advocate retention of those broad concepts in the current revision of the Restatement of Restitution.

Recommended Citation

Candace Kovacic-Fleischer, Restitution in Public Concern Cases, 36 (2003).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/901