Litigating Constructive Trusts

(Paperback)

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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 courts sleight of hand in converting thieving villains (or commercial adversaries) to trusteesof 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

Author Bio

Paul Golden concentrates on real estate litigation, commercial litigation, and appellate practice. He is proud to have released his first book on constructive trust litigation for the ABA, in September of 2022. He has given lectures on American law at Japanese law schools. He has also had numerous legal articles published, one of which was cited by a federal case. He has also given both a lecture on constructive trusts, and a lecture on depositions, for attorneys' continuing legal education requirements. Mr. Golden received his law degree from the University of Illinois Law School, and received his undergraduate degree from New York University. At the University of Illinois, he received awards and honors, including graduating magna cum laude, and being first in his class in tort law. He has successfully argued two cases before the Court of Appeals, New York's highest court. In one case, the Court agreed with Mr. Golden's argument, and curtailed the powers of one of New York City's administrative agencies. In the other, he convinced the Court to change New York law on a crucial issue of insurance coverage.