Nossen v. Hoy

750 F. Supp. 740 (1990)

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Nossen v. Hoy

United States District Court for the Eastern District of Virginia
750 F. Supp. 740 (1990)

  • Written by Tammy Boggs, JD

Facts

Richard Nossen (plaintiff) previously worked as an assistant director in the Internal Revenue Service’s Criminal Investigation Division. Nossen was an expert in detecting financial crimes and had authored two books on the subject. The two books were published by and for the United States Government, which held the publication rights. Michael Hoy (defendant) specialized in publishing “controversial and unusual books,” which he would sell through mail-order catalogues. Hoy apparently published a book called Advanced Investigative Techniques for Private Financial Records, attributed to Nossen, that combined and reprinted Nossen’s two books. The book also contained Nossen’s biography. Hoy advertised the book in catalogues without Nossen’s knowledge or consent. Nossen sued Hoy alleging claims of conversion and quasi-contract for Hoy’s unjust enrichment. According to Nossen, Hoy promoted the book to people who were potentially interested in committing financial crimes and Hoy’s promotional conduct made it appear as if Nossen approved. Nossen alleged damages in the form of reputational harm and mental distress. Hoy filed a motion to dismiss Nossen’s conversion and quasi-contract claims.

Rule of Law

Issue

Holding and Reasoning (Merhige, J.)

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