News & Analysis as of

Unjust Enrichment Appellate Courts

Troutman Pepper Locke

Third Circuit Ruling Highlights Unique Dynamics for Cannabis-Related Contract Disputes

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A recent decision of the U.S. Court of Appeals for the Third Circuit serves as a stark reminder to companies and individuals in the state-legal cannabis industry that the federal illegality of cannabis can jeopardize their...more

Sheppard

Trade Secret Trouble: Fifth Circuit Upholds Vacatur of $75 Million Damages Award

Sheppard on

On January 21, 2026, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., et al that has massive implications for those prosecuting or defending trade...more

Seyfarth Shaw LLP

Left With Nothing But An Injunction: Fifth Circuit Vacates $75 Million Trade Secret Verdict After Plaintiff Fails to Apportion...

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In a case that should stand as a strong reminder to apportion your damages whenever possible, the Fifth Circuit Court of Appeals affirmed a significant post‑trial ruling in Trinseo Europe GmbH v. Harper, et al., upholding the...more

Sheppard

Trade Secret Claims Require Describing the Secret, Not the Software

Sheppard on

The U.S. Court of Appeals for the Seventh Circuit, which hears federal appeals from Illinois, Wisconsin, and Indiana, recently issued a decision clarifying the level of specificity required to claim trade secret protection...more

Goldberg Segalla

Connecticut Supreme Court Reinstates Claims Against Insurer for Violating the ‘Make Whole Doctrine’

Goldberg Segalla on

Insurers need to be aware in Connecticut that the premature enforcement of their subrogation rights may result in claims against them by their insured. In its January 6, 2026, decision in Orlando v. Liburd, the Connecticut...more

Davis Wright Tremaine LLP

Contract Provisions Unhelpful? Don’t Expect Quantum Meruit to Save the Day

Quantum meruit is a legal theory that allows a party to recover compensation if they provided services to another with the expectation of payment, but without an explicit agreement as to an amount. Quantum meruit claims are...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from December 19, 2025

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The Alabama Supreme Court issued its weekly release list on Friday, December 19, which included the following opinions of interest to the Alabama business community...more

Robinson+Cole Class Actions Insider

Consumer Deception and Price Inflation Case: Eighth Circuit Reverses Class Certification Based on Individualized Issues

If,  like me, you grew up during (or otherwise lived through) the 1980s, you’ll recall the ever-present jingle “The best part of wakin’ up is Folgers in your cup” (and perhaps some creative modifications thereof by the...more

Carlton Fields

Florida Appeals Court Decisions Week of November 17 - 21, 2025

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U.S. Eleventh Circuit Court of Appeals - Johnson v. Reliance - disability insurance, preexisting conditions, ERISA - Smothers v. Childers - § 1983, prison treatment, state law bar, Ala law - USA v. Oropesa -...more

Hinshaw & Culbertson - Consumer Crossroads

First Circuit Rules Rhode Island Interest-on-Escrow Law is Not Preempted by National Bank Act

A recent ruling by the US Court of Appeals for the First Circuit could signal heightened exposure for lenders and servicers to state escrow-on-interest statutes, along with greater litigation risk. Case Background- In...more

Marshall Dennehey

Eleventh Circuit Bars Insurer’s $449K Recovery, Finding Unjust Enrichment Inapplicable Where Insurance Contract Governs

Marshall Dennehey on

MONY Life Ins. Co. v. Perez, 146 F.4th 1018 (11th Cir. 2025) - The insurer sought to recover nearly $449,000 it had paid to ophthalmologist Dr. Bernard Perez, alleging he misrepresented his disability and committed fraud. A...more

Blake, Cassels & Graydon LLP

BCCA Upholds Use of Retroactive Enforcement Tools Under the Securities Act

In Pasquill v. British Columbia (Securities Commission), the Court of Appeal for British Columbia (BCCA) confirmed that the British Columbia Securities Commission could amend its pleadings to rely on retroactive statutory...more

BCLP

Navigating Liability for Dishonest Assistance: An Account of Profit, Loss and Constructive Trusts - Supreme Court Judgment:...

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The UK Supreme Court has recently addressed novel issues concerning liability for dishonest assistance in respect of a breach of fiduciary duty, involving the acquisition and dissipation of unauthorised profits....more

McDermott Will & Schulte

Federal Circuit lacks jurisdiction over award that doesn’t raise issue of patent law

The US Court of Appeals for the Federal Circuit determined that it lacked appellate jurisdiction over a district court judgment confirming an arbitration award stemming from a dispute over royalties paid under patent license...more

Carlton Fields

Eleventh Circuit Vacates Jury Award in Favor of Insurer Where Unjust Enrichment Claim Is Subject of Express Insurance Contract

Carlton Fields on

In MONY Life Insurance Co. v. Perez, the Eleventh Circuit Court of Appeals set aside a jury verdict in favor of MONY Life Insurance Co. on its unjust enrichment claim against policyholder Bernard Perez, holding that an...more

Proskauer Rose LLP

Three Point Shot - November 2024

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Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

Sunstein LLP

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

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On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

McDermott Will & Schulte

Missed Appropriation: Massive Trade Secret Verdict Vacated

The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more

Fuerst Ittleman David & Joseph

Florida Supreme Court Makes Clear that Bargain-for-Exchange is a Defense to Unjust Enrichment

On February 3, 2022, the Florida Supreme Court issued its opinion in Pincus v. American Traffic Solutions, Inc. clarifying that under Florida law, where a plaintiff has received adequate consideration in exchange for a...more

McDermott Will & Schulte

Improper Use of Voluntarily Communicated Trade Secrets Sufficient to Maintain Action for Misappropriation in Texas

The US Court of Appeals for the Fifth Circuit held that, under Texas law, a plaintiff can sustain an action for trade secret misappropriation even if the plaintiff voluntarily communicated the alleged trade secrets to the...more

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