About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/retrdrue1196 and id is 1 raw text is: RESTITUTION AND UNJUST ENRICHMENT 3D PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment C.A.6, 2017. Cit. in disc. Consumer brought an action against operator of online bazaar marketplace that allowed sellers to sell products to buyers who used the website, alleging that defendant used unfair advertising and deceptive price visuals to entice him to buy a set of speakers valued less than plaintiff believed. The district court granted defendant's motion to dismiss plaintiff s unjust-enrichment claim, among others. This court affirmed, holding that plaintiff failed to establish an unjust-enrichment claim under Ohio law given that the product he received was worth what he paid for it. The court cited Restatement Third of Restitution and Unjust Enrichment § 1 for the proposition that restitution was the remedy for unjust enrichment. Gerboc v. ContextLogic, Inc., 867 F.3d 675, 679. D.Colo.2017. Com. (a) cit. in sup. Management-services provider for healthcare facilities brought an action against operator of an ambulatory-surgery center, which was its client under a management contract, and operator's corporate part-owner, alleging intentional interference with contractual relations and with prospective business relations and unjust enrichment, among other claims, following defendants' termination of plaintiff s management upon operator's merger with another company with different management. This court granted partial summary judgment for defendants on the unjust- enrichment claim, holding that the claim failed as a matter of law because plaintiff had conceded that failing to get a desired new management contract was not a tangible expense but merely an unfair detriment. The court cited Restatement Third of Restitution and Unjust Enrichment § 1, Comment a, in noting that plaintiff had not demonstrated it suffered a loss or had its rights violated. Integrity Medical Management, LLC v. Surgical Center at Premier, LLC, 234 F.Supp.3d 1085, 1099. N.D.I11.2017. Com. (b) quot. in law review article quot. in disc. Building's seller and purchaser entered into a sales agreement for cellular leases and roof easements already operating on the building's roof under which seller agreed to relocate cellular equipment to a different location on the roof in exchange for a portion of the purchase price held in escrow; seller failed to relocate the equipment by the original and extended deadline and sued purchaser for the hold-back amount upon completion of the relocation work. This court granted defendant's motion for summary judgment on a claim for unjust enrichment, holding that this claim was defeated by plaintiff s acknowledgement that the parties' relationship, including the relocation deadline, was governed by an express contract. The court cited Restatement Third of Restitution and Unjust Enrichment § 1, Comment b, in discussing that liability under a theory of unjust enrichment depended upon a plaintiff demonstrating a lack of adequate legal basis for the defendant's retention of a benefit. Devco v. T10 Meltel, LLC, 237 F.Supp.3d 804, 808. mA L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most