unjust enrichment complaint

5892 results for unjust enrichment complaint

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  • 542 F.3d 59 (3rd Cir. 2008), 06-4688, Umland v. PLANCO Financial Services, Inc.

    ...-law claims for breach of contract and unjust enrichment, as preempted by federal income tax ... three state-law claims outlined in the complaint: (1) breach of contract, because all employment ...

  • 851 F.3d 315 (4th Cir. 2017), 15-2469, Mason v. Machine Zone, Inc.

    Plaintiff filed a class action against Machine Zone, alleging a claim under Maryland's gambling loss recovery statute, Md. Code Ann., Crim. Law 12-110. Plaintiff claimed that she and thousands of similarly situated individuals lost money participating in an unlawful "gaming device," a component of Game of War that allows players to "spin" a virtual wheel to win virtual prizes for use within that...

    ... Maryland resident, filed a class action complaint. against Machine Zone, Inc. (Machine Zone), ... as well as a common law claim of unjust enrichment. . . ...

  • Gustavsen v. Alcon Laboratories, Inc., 082718 FED1, 17-2066

    The First Circuit held that federal law requires prior FDA approval for a manufacturer of prescription eye drops to change the medication’s bottle so as to alter the amount of medication dispensed into the eye, and therefore, state law claims challenging the manufacturers’ refusal to make this change are preempted. Plaintiff sued in federal court on their own behalf and on behalf of a putative...

    ... operative complaint. SEC v. Tambone, 597 F.3d 436, 438 (1st ... plaintiffs allege claims for unjust enrichment and for. "money had and ...

  • 836 F.3d 88 (1st Cir. 2016), 16-1199, Kaufman v. CVS Caremark Corporation

    Plaintiff purchased CVS-brand Vitamin E 400 International Units Softgels at a CVS in Plainview, New York. The bottle containing the product bore a label that advertised the product as supporting “heart health.” Plaintiff filed a putative class action complaint, claiming that there were no scientifically valid studies supporting the “heart health” statements. In her complaint, Plaintiff asserted a

    ... court’s order dismissing Kaufman’s complaint. . . Page 90. . . ...(a), and a piggy-back common law claim of unjust. enrichment. The district court found that ...

  • Litterer v. Rushmore Loan Management Services, LLC, 071218 FED8, 16-3060

    Plaintiffs filed suit against their loan servicer, Rushmore, in state court for breach of contract, unjust enrichment, and injunctive relief. After removal to federal court, plaintiffs amended their complaint to add a claim that Rushmore violated the Minnesota statutory requirements for handling foreclosures pursuant to Minn. Stat. 582.043, and added U.S. Bank as a party. The Minnesota Supreme...

    ... of contract, unjust enrichment, and injunctive relief. On May. ... Litterers amended their complaint to add a claim that. Rushmore violated the ...

  • 812 F.3d 824 (11th Cir. 2016), 15-10880, Rosa & Raymond Parks Institute for Self Developemnt v. Target Corp.

    The Institute filed the underlying complaint, alleging claims for unjust enrichment, right of publicity, and misappropriation under Michigan common law for Target’s sales of all items using the name and likeness of Rosa Parks. The district court dismissed the complaint. The court concluded that Target's use of Rosa Parks’s name and likeness in the books, movie, and plaque is necessary to...

    ..., the Institute filed the underlying complaint in the Middle District of Alabama. Invoking ..., the Institute alleged claims for unjust enrichment, right of publicity, and ...

  • Borrowers' Counsel Can Be Sanctioned over Frivolous Complaints in Foreclosure and Eviction Proceedings, Michigan Court Holds

    A Michigan appellate court recently held that a borrower's counsel could be sanctioned for filing a complaint for the purpose of delaying foreclosure or eviction. In Edgett v. Flagstar Bank, after multiple reviews of the borrower's loan modification requests, the bank completed foreclosure. The borrower then filed a four-count complaint alleging quiet title, unjust enrichment, breach of implied...

  • 631 F.3d 436 (7th Cir. 2011), 10-1686, Pirelli Armstrong Tire Corp. Retiree Medical Benefits Trust v. Walgreen Co.

    ...      Plaintiff may not amend his complaint in his response brief. .           ... to the fraud claims, Pirelli brought an unjust enrichment claim under Illinois law. However, the ...

  • In Battle Of Apparel Companies, Court Compels Arbitration

    In early September, a New York district court granted defendants United States Polo Association, Inc. (“USPA”) and Arvind Ltd.’s (“Arvind”) motion to compel arbitration. It further dismissed Ralph Lauren Corporation and its subsidiaries’ (collectively “Ralph Lauren”) complaint alleging breach of contract, fraudulent inducement, and unjust enrichment.

  • 140 F.3d 129 (2nd Cir. 1998), 97-7034, Shipping Financial Services Corp. v. Drakos

    ... (Dorsey, C.J.) dismissing its complaint for lack of subject matter jurisdiction. The ..., which alleged both breach of contract and unjust enrichment causes of action, named Duke Petroleum ...

  • Third Circuit Affirms District Court’s Denial Of Certification Of Nationwide Class Of Plaintiffs Alleging Consumer Fraud And Unjust Enrichment

    Plaintiffs alleged in their putative nationwide class action complaint that Quest Diagnostics was liable for consumer fraud, unjust enrichment, and violations of the Fair Debt Collections Practices Act for overbilling putative class members and, in some instances, sending them improper written demands from debt collectors.

  • Do Kanye’s Words Speak Louder than Tidal’s TOS?

    A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of California. The complaint alleges that Tidal, a music streaming service owned by Shawn “Jay Z” Carter and Kanye West, was in financial straits earlier this year but that...

  • Advertising Law - May 2016

    Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust enrichment. In February, West tweeted that his new album The Life of Pablo "will never never never be on Apple. And it will never be for...

  • 27 F.3d 763 (2nd Cir. 1994), 457, First Nationwide Bank v. Gelt Funding Corp.

    ...Mukasey, Judge ), dismissing its complaint for failure to state a claim upon which relief ..., conversion, conspiracy to convert, unjust" enrichment, and breach of fiduciary duty.    \xC2"...

  • Beyoncé vs. Feyoncé: Am I Totally Diluted, or Should I Put a Ring on It?

    In April 2016, Beyoncé Knowles-Carter (known mononymously as “Beyoncé”) filed a trademark suit in the Southern District of New York against Feyonce, Inc., an online business that sells clothing, apparel, and assorted goods with the mark FEYONCÉ and certain phrases from Beyoncé’s songs. In the complaint, Beyoncé asserted trademark infringement and dilution, unfair competition, and unjust...

  • 865 F.3d 1 (1st Cir. 2017), 15-2354, Shaulis v. Nordstrom, Inc.

    The First Circuit affirmed the district court’s motion to dismiss Plaintiff’s complaint against Nordstrom, Inc. alleging that Nordstrom had improperly obtained money from her and other Massachusetts consumers and requesting that a court order Nordstrom to restore this money and enjoin Nordstrom from continuing to violate Massachusetts law. Plaintiff’s claims were based on her purchase of a...

    ... complaint and are presumed true for the purpose of this. ... claims for fraud, breach of contract, unjust. enrichment, violations of the Code of ...

  • 865 F.3d 17 (1st Cir. 2017), 16-1238, Mulder v. Kohl's Department Stores, Inc.

    The First Circuit affirmed the district court’s dismissal of Plaintiff’s claims against Kohl’s Department Stores, Inc. alleging that the “comparison prices” on Kohl’s price tags were entirely fictional and selected to mislead consumers about the quality of the products sold by Kohl’s. Plaintiff filed suit alleging that Kohl’s had improperly obtained money from her and other Massachusetts...

    ... complaint. . .          I. ... breach of contract, unjust enrichment, violations of the Code. of ...

  • 814 F.3d 156 (3rd Cir. 2016), 15-1412, Cunningham v. M&T Bank Corp.

    Plaintiffs obtained residential mortgage loans from M&T to finance the purchase of their homes and, because the loans exceeded 80% of the value of the residences, agreed to pay for private mortgage insurance. As is customary, M&T selected the insurers who, in turn, reinsured the insurance policy with M&T Reinsurance, M&T’s captive reinsurer. Beginning in 2011, counsel sent letters to Plaintiffs...

    ... M& T and filed a putative class action complaint alleging violations of the Real Estate Settlement ...§ 2607, and unjust enrichment.1. . . .          In the ...

  • 847 F.3d 875 (7th Cir. 2017), 15-2332, Zahn v. North American Power & Gas, LLC

    Until 1997, Illinois residents could only purchase power from a public utility, with rates regulated by the ICC. The Electric Service Customer Choice and Rate Relief Law allows residents to buy electricity from their local public utility, another utility, or an Alternative Retail Electric Supplier (ARES). The ICC was not given rate-making authority over ARESs, but was given oversight...

    ... Zahn filed a class-action complaint against North American. Power & Gas, LLC (" ... of contract, and unjust enrichment. NAPG moved to dismiss the. ...

  • 801 F.3d 1258 (11th Cir. 2015), 14-14544, City of Miami v. Wells Fargo & Co.

    The City filed three separate fair housing lawsuits against Wells Fargo, Bank of America, and Citigroup, alleging that each bank had engaged in a decade-long pattern of discriminatory lending by targeting minorities for predatory loans. Each complaint contained the same two causes of action: one claim arising under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., as well as an unjust...

    ...The complaints in. each case were largely identical, each ... an attendant unjust enrichment claim under Florida law. . . ...

  • 110 F.3d 898 (2nd Cir. 1997), 1710, Lightfoot v. Union Carbide Corp.

    ...Lightfoot's complaint asserted claims for age discrimination in ... employment, recovery in quantum meruit or unjust enrichment of Carbide through products invented ...

  • 867 F.3d 294 (1st Cir. 2017), 16-2313, Brenner v. Williams-Sonoma, Inc.

    Ronald Brenner sought to amend his late wife’s putative class action complaint in order to name himself as lead plaintiff. Jacqueline Brenner filed the complaint against Williams-Sonoma, Inc., alleging that the company’s practice of collecting customers’ zip codes constituted unjust enrichment and violated Mass. Gen. Laws ch. 93, 105(a). Ronald never became a party to the action. After Jacqueline

    ... class action complaint in order to name himself as lead. ... zip codes constituted unjust enrichment, and violated Mass. Gen. Laws ...

  • 795 F.3d 748 (7th Cir. 2015), 14-1940, Pace v. Timmermann's Ranch & Saddle Shop, Inc.

    Timmermann’s sued its former employee, Pace, for conversion, breach of fiduciary duty, fraud, and unjust enrichment, claiming that Pace had stolen merchandise and money from the company. Pace filed her answer and a counterclaim, then filed a separate action against Timmermann’s and individual employees, alleging that they had conspired to facilitate Pace’s false arrest and that, as a result, she

    ... duty, fraud, and unjust enrichment. It alleged that Ms. Pace. had ... the company's 2011 complaint. Ms. Pace appeals the. dismissal of her ...

  • 819 F.3d 788 (6th Cir. 2016), 15-1426, Solo v. United Parcel Service Co.

    An individual and a company filed a putative class action suit alleging that United Parcel Service (UPS) overcharges customers for liability coverage against loss or damage for packages with a declared value of $300 or more. The complaint alleged breach of contract; sought declaratory relief (28 U.S.C. 2201); claimed violation of 49 U.S.C. 13708(b) (regulating billing and collecting practices for

    ... more. The complaint sought recovery based on four counts:. ... carriers), and, in the alternative, unjust enrichment. The. district court dismissed ...