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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/retrdrue1195 and id is 1 raw text is: RESTITUTION AND UNJUST ENRICHMENT 3D PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment M.D.Tenn.2016. Cit. in sup. Homeowners filed a class action against distributor of toilet connectors, alleging that defendant distributed defective connectors that caused leaks and water damage to their homes. This court granted defendant's motion to dismiss plaintiffs' claim for unjust enrichment, holding that the complaint did not include any allegations that plaintiffs purchased the connectors directly from defendant, such that plaintiffs could be said to have conferred a benefit on defendant, as required to state a claim for restitution under Restatement of Restitution § 1 and Restatement Third of Restitution and Unjust Enrichment § 1. The court noted that the connectors could have been purchased by third parties on plaintiffs' behalf or that the connectors could have already been installed when plaintiffs purchased their homes. Ajose v. Interline Brands, Inc., 187 F.Supp.3d 899, 913. W.D.Tex.Bkrtcy.Ct.2016. Com. (b) quot. in case quot. in sup. (quoting § 1 of D. D. 2000, which is now § 1 of the Official Text). Investors brought an adversary proceeding against Chapter 11 debtor, alleging, among other things, that debtor fraudulently induced them to enter into certain subscription agreements as part of a Ponzi scheme, and that debtor was unjustly enriched as a result. This court denied debtor's motion to dismiss investors' claims, holding that investors sufficiently pleaded claims for fraudulent inducement in connection with the agreements, and that debtor thus could not argue that investors' claims for unjust enrichment were precluded by the agreements. The court noted that, under Restatement Third of Restitution and Unjust Enrichment § 1, the doctrine of unjust enrichment was based on the principle that a person who received benefits that would be unjust for the person to retain had to make restitution even though no contract existed. In re Primera Energy, LLC, 560 B.R. 448, 468. Ohio App.2016. Com. (b) cit. and quot. in sup. Owner of commercial properties containing various stores filed an eviction action against tenant that agreed to operate the stores, alleging that tenant breached the parties' management agreement; tenant counterclaimed for, among other things, unjust enrichment. On remand, the trial court ordered owner to return a portion of key money that tenant had paid in exchange for the business opportunity to operate the stores. Reversing in part and remanding, this court held that the trial court erred in determining that tenant was entitled to recover a portion of the key money under the doctrine of unjust enrichment, because tenant failed to show that owner's retention of the key money was unjust. The court reasoned that, at best, tenant could be said to have entered into a valid but unequal bargain, which was not cause for restitution under Restatement Third of Restitution and Unjust Enrichment § 1. Lehigh Gas-Ohio, L.L.C. v. Cincy Oil Queen City, L.L.C., 66 N.E.3d 1226, 1233. § 2. Limiting Principles mA L o For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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