Well, the Schultz suit, as discussed earlier is built around an even weaker theory than the city's. Even if Schultz can prove bad faith and failure to use best efforts, it's extremely doubtful that the court would use its equitable powers in such a way.

I doubt the court will even grant a preliminary injunction there unless Schultz is personally willing to float a very large (think tens of millions) bond which would be payable in full to the PBC should the Shultz suit fail.

I can see how someone who doesn't know the law might be cowed into thinking that this is a viable legal theory because most people wouldn't know a viable legal theory from one which isn't. I don't think I've ever once heard of a constructive trust being used in the manner in which it is supposed to be used in Seattle.

Yes, the lawsuit is scary because the implications are huge if it's successful. Just realize that Shultz has virtually no chance of winning that case.

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