News & Analysis as of

Unjust Enrichment Contract Terms

Morris James LLP

Plaintiffs Adequately Pled Unjust Enrichment for Materially Deficient Disclosures

Morris James LLP on

Buttonwood Tree Value Partners, L.P. v. R.L. Polk & Co. Inc., C.A. No. 9250-VCG (Del. Ch. Dec. 29, 2023) - To state a claim for unjust enrichment, a plaintiff must adequately plead: (1) an enrichment; (2) an...more

Morris James LLP

Superior Court CCLD Declines to Award Costs for Special Master and Mediator, and Awards only Simple Interest on Judgment in...

Morris James LLP on

LCT Capital, LLC v. NGL Energy Partners LP, C.A. No. N15C-08-109 JJC CCLD (Del. Super. Ct. June 20, 2023) - Under Superior Court Rule 54, costs are allowed as a matter of course to the prevailing party. In this post-trial...more

McGlinchey Stafford

Am I Entitled to Indemnification? - McGlinchey Commercial Law Bulletin - September 29, 2023

McGlinchey Stafford on

Ohio- Conversion- Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more

Lathrop GPM

Tenth Circuit Holds that Good Faith and Fair Dealing Claim Requires Expectation Created by Express Contract Terms

Lathrop GPM on

The Tenth Circuit has ruled in favor of KFC in a dispute with a franchisee alleging a breach of the implied covenant of good faith and fair dealing. Kazi v. KFC US, LLC, 2023 WL 4983119 (10th Cir. Aug. 4, 2023)....more

Sands Anderson PC

Unjust Enrichment and Quantum Meruit – Not the Same Thing

Sands Anderson PC on

On a great many occasions, I’ve seen the two causes of action in the title, Unjust Enrichment and Quantum Meruit, spoken in the same breath, as if they are either one in the same or so closely related that they are...more

McGlinchey Stafford

Is My Contract Specific Enough to be Enforceable? - McGlinchey Commercial Law Bulletin - May 26, 2023

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more

Dechert LLP

UK Supreme Court Finds No Entitlement to a "Reasonable Fee" for Making a Business Introduction

Dechert LLP on

The UK Supreme Court has found that an introducer of business was not entitled to any remuneration for a valuable introduction outside of circumstances expressly provided for in the contract. This judgment highlights the...more

Burr & Forman

Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

Burr & Forman on

In BCD Associates., LLC v. Crown Bank, CA No. N15c-11-062 (Super. Ct. Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Bench Trial Demonstrates Importance of Witness Preparation

Justice Borrok of Manhattan’s Commercial Division presided over a bench trial between a contractor and a sub-contractor concerning payments connected to work on New York City Housing Authority’s (NYCHA) Harlem River Houses....more

Miller Canfield

Poland: Project owner liability to subcontractor under unjust enrichment provisions of Civil Code - selected issues

Miller Canfield on

Three distinct parties are usually involved in the delivery of a construction project: the project owner, the general contractor, and the subcontractor (or subcontractors). But whereas the relationship between the project...more

BCLP

High Court considers repudiatory breach and wrongful termination in an aircraft lease contract dispute

BCLP on

The High Court recently considered the termination of an aircraft lease to purchase contract between OCA and Novans (an aircraft broking and consultancy company). In finding for the Claimant, the judgment considers the thorny...more

Freeman Law

“Money Had and Received” Claims Under Texas Law

Freeman Law on

Texas law provides for a cause of action known as “money had and received.” The cause of action for money had and received is equitable in nature. The claim belongs conceptually to the doctrine of unjust enrichment and seeks...more

Freeman Law

Unjust Enrichment in Texas

Freeman Law on

When parties transact without a formal written contract, the risk of disputes regarding the terms of any alleged contract increases. Disputes may particularly arise where one party receives the benefits of the alleged...more

McGlinchey Stafford

The Bullet Point: A Commercial Law Bulletin - When can a non-party enforce a forum selection clause?

McGlinchey Stafford on

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Morris James LLP

Court of Chancery Finds “Bird-Dogging” Entitles Plaintiff To Compensation Under Unjust Enrichment Theory

Morris James LLP on

While parties may discuss the terms of a business arrangement, absent definite agreement on all material terms or a definite promise, these arrangements are generally unenforceable. However, as the Court of Chancery held in...more

Farrell Fritz, P.C.

Disguised Agreements and Dissolution

Farrell Fritz, P.C. on

Appearances can be deceiving. - That, essentially, was the argument made in two recently decided cases involving claims for judicial dissolution. ...more

Farrell Fritz, P.C.

Joint Venture Agreements: For Better or For Worse; In Profit or In Loss

Farrell Fritz, P.C. on

Just like a bride and groom vow to join together for better or for worse, commercial parties joining together through a joint venture must make a similar promise to share in profits and losses. ...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Ninth Circuit Joins Fourth Circuit in Holding that Equitable Estoppel is Barred Where Use Would Contradict...

In Wong v. Flynn-Kerper, 999 F.3d 1205 (9th Cir. 2021), the Ninth Circuit barred the use of equitable estoppel to challenge the purchase price of company shares under an ERISA stock ownership plan when such use would...more

Farrell Fritz, P.C.

Free Rein Venue Choices? Not So Fast Says the Commercial Division

Farrell Fritz, P.C. on

The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more

Gray Reed

Texas Court Addresses Anti-Washout Clause and Rule Against Perpetuities

Gray Reed on

Yowell v. Granite Op. Co. and Apache Corp. v. Peyton Royalties, L.P. is another Rule Against Perpetuities case. Keep reading. The anti-washout protection for your reserved overriding royalty could be at risk....more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

Seyfarth Shaw LLP

2020 May Be Over, But Litigation Regarding The Pandemic And Private Party Rights Is Not

Seyfarth Shaw LLP on

As we enter the New Year, the end is not yet in sight for litigation related to COVID-19. Five recent decisions, summarized below, highlight the still developing legal implications of the pandemic on private party rights as...more

Troutman Pepper

Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering...

Troutman Pepper on

P.A.L. Environmental Safety Corp. v. North American Dismantling Corp. Et Al., No. 19-11630, 2020 BL 198779 (E.D. Mich. May 28, 2020) - A Michigan federal court partially granted Consumers Energy Company’s (“CEC”) motion to...more

Latham & Watkins LLP

“But what if...?” English Court Identifies Liability Despite Gaps in Contractual Drafting

Latham & Watkins LLP on

The ruling serves as a helpful reminder that parties must enter into well-drafted contracts in proper legal form. In Philip Barton v. Timothy Gwyn-Jones & Others [2019] EWCA Civ 1999, the Court of Appeal recently allowed a...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

White & Case LLP on

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

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