Litigating Constructive Trusts

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: The Basics The First Kind of Constructive Trust: “Transfer to Fiduciary” Variety The Second Kind of Constructive Trust: “Wrongful Act” Variety Unjust Enrichment: A Universal Requirement The Additional Implicit Element: A Specific Res Miscellaneous Pleading Issues Defenses Laws That May Conflict with, or Be Avoid by, Constructive Trust Relief Alternatives to a Constructive Trust Special Benefits of a Constructive Trust Case Trial Issues Appendix A: Sample Complaints Appendix B: Sample Affirmative Defenses and Counterclaims in a Constructive Trust Case Appendix C: Deposition Issues