First Case
Case Citation: 158162/2012: Peter Castellotti, Plaintiff, v. Lisa Free Defendant, N.Y.
Slip Op. 33707 (N.Y. Sup. Ct. 2014)
Relevant Points of Law:
- The complainant asserts the court incorrectly declined to trial’s mandate that the accused forfeit all of the compensation the plaintiff had obtained throughout the relevant period from the complainant and its opponent when drafting a remedy for the caused breach of loyalty.
- Jill Pompa argues that the court of law erred in imposing a constructive trust on the couple’s joint bank account since there was no evidence that she had taken part in any misconduct by the accused or that the proceeds of that violation had been sited in the balance.
- The plaintiff asserted that the defendant’s misconduct had cost it more than $500,000 in damages and that, given the charges of statutory theft, it was due to monetary damages (Wall Sys, 2017).
Verdict: For Free
Facts and Legal Reasoning:
The oral contract between Peter Castellotti and his sister is taken into account in the case of Castellotti v. Free. It obligates her to take specific actions after he complies with its unique conditions. The son was removed from their mother, Madeline Castellotti’s will to secure his portion from any division resulting from the current divorce proceedings with his former wife, Rea. While Lisa verbally pledged to split the possessions, she acquired from the mother’s bequest after her death, and after the divorce was finalized, Peter verbally committed to cover the taxes. The sister rescinded the agreement when the taxes had been paid, their mother passed away, and the divorce was finalized. Due to the claimed oral agreement’s violation of the Statute of Frauds, Lisa Free decided to have the contract invalidated (158162/2012, 2014). Lisa does not point out any legislation, statute, or regulation that the agreement between Peter and Lisa breached. Furthermore, there is no assertion that Peter hid or moved any real estate registered in his name or legitimately belonged to him, either before or after the divorce proceedings. The failure to reveal Peter’s future claim to receive the assets may impact the financial concerns in the marital act. Still, that fact alone does not mandate that Peter’s claims be wholly rejected based on public policy. Regarding Peter’s payment of Madeline’s inheritance taxes and Lisa’s life insurance premiums, the accurate dues of the complaint amply articulate grounds for action for unwarranted enrichment. The New York County Supreme Court order, dated July 11, 2014, which approved the respondent’s gesture to discharge the grievance, should therefore be modified in compliance with the law to reject the action concerning the claims for promissory estoppel and unjust enrichment to the extent specified here, and confirmed, lacking costs.
Second Case
Case Citation: Wall Sys., Inc. v. Pompa, 324 Conn. 718, 154 A.3d 989 (Conn. 2017)
Relevant Points of Law:
- The complainant asserts the court incorrectly declined to trial’s mandate that the accused forfeit all of the compensation the plaintiff had obtained throughout the relevant period from the complainant and its opponent when drafting a remedy for the caused breach of loyalty.
- Jill Pompa argues that the court of law erred in imposing a constructive trust on the couple’s joint bank account since there was no evidence that she had taken part in any misconduct by the accused or that the proceeds of that violation had been sited in the balance.
- The plaintiff asserted that the defendant’s misconduct had cost it more than $500,000 in damages and that, given the charges of statutory theft, it was due to monetary damages (Wall Sys, 2017).
Verdict: For Pompa
Facts and Legal Reasoning:
After finding that the offender, William Pompa, had violated his duty of loyalty by working concurrently for the petitioner and a contender, as well as by receiving three kickbacks from a subcontractor about his work for the complainant, the complainant, Wall Systems, Inc., appeals from the decision of the verdict granting it damages of $43,200, plus statutory involvement and attorney’s fees (Wall Sys, 2017). The accused and his wife, Jill Pompa, jointly had a bank account, which the court, as part of its remedies, put under a constructive trust. On petition, the plaintiff argues that the court incorrectly refused to mandate that the defendant renounce all of the remunerations he had earned during the relevant period from both the plaintiff and its rival to devise a punishment for the perpetrator’s loyalty breach. The plaintiff answers that the decision made by the court, in this case, was an appropriate use of its authority. Still, he argues in the cross-appeal that the evidence insufficiently justified the compensation decision in other ways. Jill Pompa contends that the court erred in imposing a beneficial interest on the shared bank account because there was no evidence that she had been involved in any misconduct by the defendant or that the proceeds of such crime had been deposited. Because the plaintiff unsuccessfully demonstrated that the kickbacks obtained by the defendant could be connected to the shared bank account owned by the accused and Jill Pompa, the court mistakenly imposed a constructive trust. The case is remanded with orders to remove that component of the award. The verdict is solely reversed concerning installing a beneficial interest on the shared bank account of the accused and Jill Pompa.
Works Cited
158162/2012: Peter Castellotti, Plaintiff, v. Lisa Free Defendant, N.Y. Slip Op. 33707 (N.Y. Sup. Ct. 2014)
Wall Sys., Inc. v. Pompa, 324 Conn. 718, 154 A.3d 989 (Conn. 2017)