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    Litigating Constructive Trusts

    By Paul Golden

    Litigating Constructive Trusts

    Litigating Constructive Trusts

    By Paul Golden

    Unlike traditional express trusts that are planned well in advance with all parties involved agreeing to roles as trustee and beneficiary, a constructive trust is one created solely by a judge as a distinct remedy - powerful, nuanced, and often complex and daunting. Whether you are litigating in their favor or defending in such a case, this book is an essential guide on the topic, covering crucial considerations a practitioner will need to know including strategies for handling pleadings, discovery, motion practice, and trials.

    Litigating Constructive Trusts

    By Paul Golden

    Litigating Constructive Trusts

    Litigating Constructive Trusts

    By Paul Golden

    Unlike traditional express trusts that are planned well in advance with all parties involved agreeing to roles as trustee and beneficiary, a constructive trust is one created solely by a judge as a distinct remedy - powerful, nuanced, and often complex and daunting. Whether you are litigating in their favor or defending in such a case, this book is an essential guide on the topic, covering crucial considerations a practitioner will need to know including strategies for handling pleadings, discovery, motion practice, and trials.

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    Reviews and Testimonials:

    "In this treatise, Paul Golden, a brilliant lawyer with a lifelong passion for magic, deftly reveals the equity court's sleight of hand in converting thieving villains (or commercial adversaries) to trustees - of the constructive sort. In this well ordered and accessible work, Mr. Golden takes the reader behind the scenes and, step by step, walks us through the law and procedure of this otherwise subtle and mystifying area of law. This book should be on the shelves of any serious commercial litigator, or neutral, who might need to open the mystery of this equitable remedy in matters in a variety of substantive arenas."
     -Simeon H. Baum, Esq., President, Resolve Mediation Services, Inc. (mediators.com), founding Chair of the NYSBA Dispute Resolution Section, and longstanding trainer of mediators for the NYS Courts' Commercial Division.

    "Once a sterling student and now an accomplished appellate lawyer, Paul Golden has written that most improbable of books: an engaging, entertaining, and eminently readable account of constructive trusts. With a surpassing knowledge of the foibles and frauds that have occasioned the use of this most distinctive remedial tool, Golden portrays law (and equity) as an extraordinary response to the passions and pratfalls of ordinary people."
    -James E. Pfander, Owen L. Coon Professor, Northwestern Pritzker School of Law

    Table of Contents:

    1. The Basics
    2. The First Kind of Constructive Trust: "Transfer to Fiduciary" Variety
    3. The Second Kind of Constructive Trust: "Wrongful Act" Variety
    4. Unjust Enrichment: A Universal Requirement
    5. The Additional Implicit Element: A Specific Res
    6. Miscellaneous Pleading Issues
    7. Defenses
    8. Laws That May Conflict with, or Be Avoid by, Constructive Trust Relief
    9. Alternatives to a Constructive Trust
    10. Special Benefits of a Constructive Trust Case
    11. Trial Issues

    Appendix A: Sample Complaints

    Appendix B: Sample Affirmative Defenses and Counterclaims in a Constructive Trust Case

    Appendix C: Deposition Issues

    Product Details

    Publishers

    ABA Book Publishing

    ISBN

    9781639051618

    Page Count

    254

    Product Code

    5431132

    Trim Size

    6x9

    Publication Date

    8/30/2022 12:00:00 AM

    Publishers

    ABA Book Publishing

    ISBN

    9781639051625

    Page Count

    254

    Product Code

    5431132EBK

    Trim Size

    E-Book

    Publication Date

    8/30/2022 12:00:00 AM

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