Unjust Enrichment

News & Analysis as of

Underwriters May Have Expertise But That Does Not Make Them “Experts”

In the LBP Holdings v. Allied Nevada Gold Corp. decision released on April 27, 2016, the Ontario Superior Court of Justice refused to allow the underwriters of a secondary public offering (SPO) to be added as defendants to a...more

Do Kanye’s Words Speak Louder than Tidal’s TOS?

A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of...more

Federal Circuit Holds Trademark Infringement Must Be Willful to Warrant Award of Infringer’s Profits, Highlighting Continuing...

The Federal Circuit, applying Second Circuit trademark law, has weighed in on the issue of whether an infringer’s profits are recoverable absent a finding of willful infringement. In Romag Fasteners, Inc. v. Fossil, Inc....more

Aetna vs. BASM: Pigs Get Fat and Hogs Get Slaughtered

On April 13, 2016, a jury in Santa Clara, California awarded Aetna, Inc. $37.4 million from Bay Area Surgical Management, LLC (“BASM”), six of its affiliated surgery centers and its three principals. Aetna had accused the...more

Breach of Fiduciary Duty Claim Subsumed by Breach of Contract Claim

Defendants are often faced with complaints that assert multiple causes of action arising from the same set of facts and circumstances. A prime example of such a complaint is presented in CIM Urban Lending v. Cantor Commercial...more

Location, Location, Location: Fraud Suit Filed Against Anheuser-Busch Over 'Abbey' Beer

As anyone in real estate will tell you, location matters. Apparently, location also matters when it comes to selecting a beer. Recently, a purchaser of Leffe Beers brought a class action lawsuit in Florida federal court...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that...more

California Employment Law Notes - March 2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

Market Definition Failure Dooms Golf Caddies’ Antitrust Class Action Against PGA Tour

An antitrust class action lawsuit brought by golf caddies against the Professional Golf Association will not be afforded a mulligan after a federal district court dismissed their complaint with prejudice. A putative class of...more

Jarmoc and Jarmoc: A Modern-day Bleak House?

A family feud recently unfolded in the Connecticut probate court, a typical venue for family feuds to play out after the death of a successful business owner. That is the case especially when a contested will is produced...more

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

District Court Rejects Government’s FCA Claim Seeking Return of Retained Benefits; Decides that Agency Policy Guidance Did Not...

In an opinion issued earlier this month, the United States District Court for the Eastern District of Oklahoma refused to impose False Claims Act liability on a defendant who retained and invested his mother’s Social Security...more

Pro Golf Caddies’ “Bib Claims” Against PGA Scored A Triple Bogey

According to an ESPN analyst, the PGA Tour “treats its caddies like outside dogs.” In apparent sympathy with the caddies’ plight, Judge Vince Chhabria of the U.S. District Court for the Northern District of California cited...more

Ruble depreciation held to be sufficient ground for lease amendment

On February 1, 2016, the State Commercial Court for Moscow determined case No. A40-83845/15 involving a complaint filed by public joint stock company Vimpel-Communications ("VimpelCom") against public joint stock company...more

Kohl’s Kicks Putative Class Action Suit Alleging Deceptive Sale Prices

On February 1, 2016, the U.S. District Court for the District of Massachusetts dismissed a consumer class action alleging that Kohl’s Department Stores advertises false sale prices. The plaintiff in Mulder v. Kohl’s...more

No Free “Train” Ride for This Ex-Employee: Court Sides With Employer And Orders Quitting Employee To Pay Back Training Costs

In USS-Posco Industries v. Floyd Case (Ct. of Appeal A140457), published January 26, 2016, the Court of Appeal for the First Appellate District enforced an agreement requiring an employee to repay the costs of employer paid...more

ESG Capital Partners v. Passport Special Opportunities Master Fund, C.A. No. 11053-VCL (Del. Ch. Dec. 16, 2015) (Laster, V.C.)

In this memorandum opinion, the Court of Chancery granted in part and denied in part defendants’ motion to dismiss a complaint seeking declaratory relief in which plaintiffs alleged that certain investors in ESG Capital...more

Court Denies Motion To Dismiss By Bank And Its Affiliated Reinsurer In RICO Suit

This dispute involves class action claims under RICO, claims for unjust enrichment and allegations that Bank of America and its affiliate reinsurer engaged in a conspiracy to defraud home mortgage borrowers into funding sham...more

North Carolina Supreme Court Rejects Claims against Lender over Failed Real Estate Development

The NC Supreme Court recently affirmed the dismissal of a multitude of lender liability claims asserted against BB&T in a quasi-class action by purchasers of undeveloped lots in Brunswick County. In Arnesen et al. v. Rivers...more

Ohio Court Gives Effect to a Different Kind of Reservation of Rights Letter

The importance of the ordinary reservation of rights letter – “we will defend you, but that doesn’t mean we’re going to pay a judgment” — is well known. A different kind of reservation of rights letter – “We will defend you...more

Appellate Division Rules that Town Cannot Use Contract Law Provisions to Recover Taxes

In Town of Amherst v Brewster Mews Hous. Co., Inc and Town of Amherst v. Pepper Tree Hgts. Hous. Co., Inc. (4th Dept. 2015), the Appellate Division held that a taxing jurisdiction could not use contract remedies to recover...more

Canadian Court Nixes Class Action for Patent Abuse

The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging that Pfizer unlawfully abused the patent system with...more

Court Of Chancery Explains Partnership Distribution Rights And Power of GP

ESG Capital Partners II L.P. v. Passport Special Opportunities Master Fund L.P, C.A. 11053-VCL (December 16, 2015) This is an interesting decision for 2 reasons. First, the Court explains what might have seemed obvious...more

Food for Thought: Court Denies Food Manufacturer's Preemption Arguments

In McMahon v. Bumble Bee Foods, LLC, No. 14-cv-03346 (N.D. Ill. 2015), the plaintiff claimed that Bumble Bee engaged in deceptive conduct when it sold various seafood products with labels that indicated they were an...more

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