Unjust Enrichment

News & Analysis as of

District Court Holds Individual Issues of Fact Predominate in Unjust Enrichment Class Action

The US District Court for the Eastern District of Pennsylvania recently denied class certification to a proposed class of third-party payors of prescription drugs. The plaintiffs brought a class action for unjust enrichment,...more

Media Companies Snipe at Potential Expansion of Defamation Risk in Ventura v. Kyle

“A Navy SEAL and a professional wrestler walk into a bar and begin to argue politics …” sounds like the beginning of a pretty good bar fight story. The story only gets more promising when you learn that the SEAL was the...more

Illinois Appellate Court Limits Employer's Discretion To Award Or Deny Bonuses Under Written Bonus Plan

McCleary v. Wells Fargo Securities, LLC, an Illinois Appellate Court held that a former employee stated a claim for an unpaid bonus under a written bonus plan that expressly stated that bonuses were made at the sole...more

Running on Empty: Defective Gas Class Sputters in Louisiana District Court

The Middle District of Louisiana denied certification of a putative class bringing claims for redhibition and unjust enrichment against Exxon Mobil Corporation (“Exxon”). Plaintiffs allegedly purchased gasoline refined at...more

Courts Continue to Dismiss Shareholder Suits Based on FCPA Violations

On March 16, 2015, Judge Paul G. Gardephe of the Southern District of New York dismissed a shareholder derivative suit filed by Sylvia Pritika against the CEO and others of Avon Products Inc. ("Avon") alleging breach of...more

Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision

Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in...more

Shareholder’s Challenge to Smith & Wesson SLC’s Independence Misfires in the First Circuit

On February 4, 2015, the First Circuit affirmed the summary dismissal of a shareholder derivative suit, which brought Nevada state claims for breach of fiduciary duty, waste of corporate assets, unjust enrichment, and...more

In Battle Of Apparel Companies, Court Compels Arbitration

In early September, a New York district court granted defendants United States Polo Association, Inc. (“USPA”) and Arvind Ltd.’s (“Arvind”) motion to compel arbitration. It further dismissed Ralph Lauren Corporation and its...more

Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, C.A. No. 7906 (Del. Ch. Nov. 26, 2014) (Glasscock, V.C.)

In this memorandum opinion, the Court of Chancery largely denied but granted in part defendants’ motion to dismiss claims relating to a 2011 merger in which plaintiffs Great Hill Equity Partners IV, LP and related entities...more

Illinois Court Holds Relief Available to a Sub-Subcontractor Under an Unjust Enrichment Theory for Work Requested but Not Paid for...

C. Szabo Contracting, Inc. v. Lorig Construction Co., 2014 IL App (2d) 131328; 2014 Ill. App. LEXIS 699 (Sept. 29, 2014) - In May of 2006, the Illinois State Toll Highway Authority (“Highway Authority”) retained...more

District Courts Continue to Reject the Ninth Circuit’s Limitation on Surcharge

We previously reported that the Ninth Circuit stands alone in expressly limiting the availability of surcharge to cases involving loss to, or unjust enrichment at the expense of, the plan (as opposed to being available to a...more

In re Sanchez Energy Deriv. Litig., C.A. No. 9132-VCG (Del. Ch. Nov. 25, 2014) (Glasscock, V.C.)

In this memorandum opinion, the Court of Chancery held that plaintiff stockholders failed to plead particularized facts sufficient to demonstrate demand futility and dismissed the plaintiffs’ fiduciary duty, aiding and...more

Gangster Or Not

As a huge fan of gangster movies, I was intrigued by a recently filed lawsuit in California. Although I am familiar with actor Frank Sivero’s work in “The Godfather: Part II” and in “Goodfellas”, I am not familiar with the...more

Third Circuit Affirms District Court’s Denial Of Certification Of Nationwide Class Of Plaintiffs Alleging Consumer Fraud And...

Plaintiffs alleged in their putative nationwide class action complaint that Quest Diagnostics was liable for consumer fraud, unjust enrichment, and violations of the Fair Debt Collections Practices Act for overbilling...more

Third Circuit Rejects Class Certification in Yet Another Consumer Case

Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged...more

In a Case of First Impression, District Court Finds an Insurer May Not Seek a Declaration as to Another Insurer’s Duty to Defend

An insurance company may not seek to require another insurer to defend its insured via declaratory judgment according to the United States District Court for the District of South Carolina in Auto-Owners Insurance Company v....more

Business Litigation Reporter -- June 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Appelate Court Notes

AC35823 - Stratford v. Wilson - When Mayor allegedly overpaid a departing employee as he was leaving office himself, the town sued the former employee under the action of “indebitatus assumpsit for money had &...more

Plaintiff’s Claim for Estoppel, Reformation and Surcharge Strikes Out

A divided panel of the Ninth Circuit recently held that plaintiff Gregory Gabriel could not recover, as “appropriate equitable relief,” pension benefits he thought he was owed from the Alaska Electrical Pension Fund, after...more

Sixth Circuit Revisits Controversial ERISA Decision

The Sixth Circuit Court of Appeals voted to rehear an ERISA action that awarded an unprecedented remedy for the alleged denial of long term disability benefits. The order, granting en banc rehearing, vacates a controversial...more

Borrowers' Counsel Can Be Sanctioned over Frivolous Complaints in Foreclosure and Eviction Proceedings, Michigan Court Holds

A Michigan appellate court recently held that a borrower's counsel could be sanctioned for filing a complaint for the purpose of delaying foreclosure or eviction. In Edgett v. Flagstar Bank, after multiple reviews of the...more

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at...more

Appellate Court Notes: Week of March 10

SC19095 - Edgerton v. Clinton / SC19095 Dissent - Edgerton v. Clinton - Town appealed a $12 million jury verdict when a volunteer fire fighter was sideswiped and then took off after the offending vehicle. He relayed to...more

Derivative Suit Filed Against JPMorgan Alleges Culture of Risk

Adding to JPMorgan Chase’s widely publicized recent legal woes, shareholder Bradley P. Miller filed a derivative suit against the bank and its directors in California federal court on January 23, 2014, as a result of the $20...more

Proceed with Caution: Navigating the Intersection Between Trade Secret and Patent Law - Foster v. Pitney Bowes Corp.

In a case illustrating the impact of permitting a patent application to be published, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s order granting defendant’s motion for judgment on the...more

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