News & Analysis as of

Unjust Enrichment Motion to Dismiss

Orrick, Herrington & Sutcliffe LLP

District court sides with bank, dismisses putative class action over ‘cash-sweep’ program

On January 30, the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed class action lawsuit brought by two investment-account holders challenging the interest rates paid through a...more

Freiberger Haber LLP

Court Rejects Plaintiff’s Attempt to Void Release Based on Fraud

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It is well settled that a “valid release constitutes a complete bar to an action on a claim which is the subject of the release.” “[A] release that, by its terms, extinguishes liability on any and all claims arising in...more

A&O Shearman

Federal District Court Dismisses Manufactured Homes Price-Fixing Claims

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On December 4, 2025, the U.S. District Court for the Northern District of Illinois dismissed a proposed price-fixing and information sharing class action against several manufactured housing companies and Datacomp Appraisal...more

Constangy, Brooks, Smith & Prophete, LLP

Fan challenges use of facial recognition at New York Mets’ Citi Field

After claims against Madison Square Garden for the use of facial recognition technology were dismissed, another individual has filed a putative class action against Queens Ballpark Company, LLC, the operator of the New York...more

Orrick, Herrington & Sutcliffe LLP

District court partially rules claim may proceed on mortgage contracts

On November 12, the U.S. District Court for the Northern District of California granted in part and denied in part a motion to dismiss in a class action case involving mortgage contracts claims. ...more

ArentFox Schiff

Court Lets BDO’s Trade Secrets Lawsuit Against Ankura Move Forward

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The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s CEO Kevin Lavin, and Phuoc Vin Phan....more

Pierce Atwood LLP

District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive

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In a recent blog post, we explained how Webb v. Injured Workers Pharmacy, LLC has become a touchstone for courts analyzing Article III standing in data breach class actions, citing Shea v. American International College as a...more

King & Spalding

Western District of Washington Narrows Mortgage Loan Dispute but Allows Key Claims to Proceed

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On July 8, 2025, the U.S. District Court for the Western District of Washington granted in part and denied in part motions to dismiss claims brought by AHP Capital Management LLC against Oak Harbor Capital LLC, Western...more

Troutman Pepper Locke

Statute of Limitations Topples Another Pre-House NIL Suit

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This week, a federal judge in the Eastern District of Michigan dismissed a lawsuit brought by four former University of Michigan football players who claimed they had been deprived of profits derived from use of their name,...more

Loeb & Loeb LLP

Santos v. Kimmel

Loeb & Loeb LLP on

Second Circuit affirms dismissal of copyright infringement and state-law claims brought by former Congressman George Santos against Jimmy Kimmel and others for broadcast of Cameo videos created by Santos. ...more

Pierce Atwood LLP

MOVEit Data Breach Litigation: District of Massachusetts Allows Bellwether Negligence and Consumer Protection Claims to Proceed

Pierce Atwood LLP on

On July 31, 2025, the District of Massachusetts issued two rulings largely denying motions to dismiss filed by software developer Progress Software Corporation (“Progress”) and certain direct users or vendor contracting...more

Bradley Arant Boult Cummings LLP

Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim

A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion...more

Offit Kurman

Voice Actors Clear Early Legal Hurdle in AI Cloning Suit

Offit Kurman on

Voice actors received a rare, if incomplete, victory against alleged AI infringers in a recent opinion from an SDNY judge in Lehrman v. Lovo, Inc. Voice actors Paul Lehrman and Linnea Sage filed an action against AI...more

Loeb & Loeb LLP

Trump v. Woodward

Loeb & Loeb LLP on

In President Donald Trump’s lawsuit against journalist Robert Woodward arising from Woodward’s publication of audio recordings of Woodward’s interviews of Trump in 2019 and 2020, district court dismisses Trump’s second...more

Baker Botts L.L.P.

Healthcare Data Case Against Google May Proceed - Rules U.S. District Court

Baker Botts L.L.P. on

On June 6, 2025, the United States District Court for the Northern District of California dismissed a number of claims being brought against Google related to its alleged improper collection of health-related data though...more

Kilpatrick

Sixth Circuit affirms dismissal of unjust enrichment class action, ruling that airline customer’s purchase of travel assistance...

Kilpatrick on

Takeaway: Unjust enrichment is one of the most commonly asserted causes of action in class actions seeking compensatory damages. Equitable considerations form the foundation of unjust enrichment claims under the laws of...more

Lathrop GPM

California Federal District Court Dismisses Distributor’s Oral Contract Claims Under Statute of Frauds

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A federal court in California recently granted a manufacturer’s motion to dismiss a distributor’s oral contract claims, but declined to dismiss claims for promissory estoppel and unjust enrichment. Cosmonova, LLC v. BioFilm,...more

Proskauer Rose LLP

Three Point Shot - November 2024

Proskauer Rose LLP on

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

Houston Harbaugh, P.C.

Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

Houston Harbaugh, P.C. on

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American...more

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

King & Spalding

Delaware Chancery Court Issues Precedential Decision Dismissing Claims Challenging “De-SPAC” Merger Disclosures

King & Spalding on

The Delaware Court of Chancery’s recent decision in In re Hennessy Capital Acquisition Corp. IV Stockholder Litigation,1 marks the Chancery Court’s first total dismissal of a complaint alleging breaches of fiduciary duties in...more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

Jones Day on

On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

Willcox & Savage on

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

Lathrop GPM

California Federal Court Denies Franchisor’s Motion to Dismiss Consumer’s Claims Alleging Violation Under the Unfair Practices...

Lathrop GPM on

A federal court in California denied a franchisor’s motion to dismiss a consumer’s claims for a violation of the unfair-practices prong of California’s Unfair Competition Law (UCL) and unjust enrichment. Torres v. Botanic...more

Bradley Arant Boult Cummings LLP

From Punchlines to Plaintiffs: Meta Platforms and Open AI File Motions to Dismiss Comedian Sarah Silverman’s Copyright...

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher...more

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