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Litigating Constructive Trusts - Paul Golden

by Paul Golden

ISBN
9781639051618
Publisher
American Bar Association
Condition
$135.99 one-time purchase · 15% restocking fee on returns

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Litigating Constructive Trusts Paul Golden ISBN 9781639051618

Unlike traditional express trusts, which are carefully planned in advance with clearly defined roles for trustees and beneficiaries, a constructive trust is imposed by a judge as a distinct legal remedy. It is powerful, nuanced, and often complex—presenting unique challenges for both litigators and defenders.

Whether you are pursuing a constructive trust or defending against one, this book serves as an essential guide, providing practical strategies and insights for every stage of the case—from pleadings and discovery to motion practice and trial.

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 Avoided by Constructive Trust Relief

  9. Alternatives to a Constructive Trust

  10. Special Benefits of a Constructive Trust Case

  11. Trial Issues

Appendices:

  • A: Sample Complaints

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

  • C: Deposition Issues

This comprehensive resource equips practitioners with the knowledge and tools to navigate constructive trust cases effectively, anticipate challenges, and leverage this unique remedy to achieve successful outcomes.

Litigating Constructive Trusts Paul Golden ISBN 9781639051618, 978-1639051618 & 9781639051625

Author
Paul Golden

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