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California Unfair Competition Law

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Federal Common Law Governs Availability of Statutory Restitution in Diversity Suit

Photo of Saul Perloff (US)Photo of Andre Hanson (US)Photo of Leaf Dilts McGregor (US)
By Saul Perloff (US), Andre Hanson (US) & Leaf Dilts McGregor (US) on July 8, 2020

The Ninth Circuit held that, irrespective of a state’s own standards for equitable relief, a federal court exercising diversity jurisdiction is bound by federal common law requirements for granting the equitable remedy of restitution, including the mandate that such relief…

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