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PostPosted: Sun Jul 30, 2006 9:53 pm 
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Industrial Companies, Inc. v. Durbin, 837 So.2d 1207 [La. 2003] -

Promissory note holder stated cause of action for unjust enrichment against its former attorneys arising from attorneys' retention of funds obtained from third-party purchaser of property in foreclosure proceeding, where note holder asserted that attorneys had been enriched by retention of almost $40,000 from funds, that note holder was impoverished by attorneys' retention of monies, that there was a connection between attorneys' enrichment and note holder's impoverishment, that there was absence of justification or cause for enrichment and impoverishment, and that there was no other remedy at law available to redress attorneys' improper retention of monies.


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State, Through Dept. of Transp. & Development v. Todd, 834 So.2d 1114 [La. App. 3 Cir. 2002] -

Department of Transportation and Development [DOTD], which expropriated immovable property for development of highway and sought to recover expenses incurred in removing contaminated soil and ground water on property, failed to state claim against prior owners of property for indemnification under unjust enrichment theory; just as owners could not claim compensation for increase in property's value due to DOTD's use, DOTD could not claim reimbursement because its use caused property to lose value. An indemnity claim is a quasi-contractual obligation based on the equitable principle that “where there is an unjust enrichment of one at the expense or impoverishment of another, then the value of that enrichment or else, in some cases, the amount of the impoverishment must be restituted.â€


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