Fancy meeting you here Sep 4, 2008
The woman, identified in court documents only as "Jane Doe," sued Splash News & Picture Agency and two of its photographers in April, alleging fraud, intrusion, unjust enrichment, and other claims over the filming in 2006. The woman was on assignment for People magazine. (Boston Globe)
Another suits claims Saint Joseph's overcharged patients Aug 26, 2008
The suit alleges breach of contract, breach of implied contractual duties of good faith and fair dealing, unjust enrichment, and breach of fiduciary duty and seeks actual, exemplary, and punitive damages, and attorneys' fees. "In order to increase revenues, and thus profitability, [Saint Joseph's] engaged in a widespread and systematic scheme to admit to inpatient status patients who did not otherwise meet inpatient admission criteria and then issue charges and bills for such inpatient services... (Atlanta Business Chronicle, GA)
Settlement returns nearly $18K to county Aug 25, 2008
The suit alleged that the pharmaceutical giant was in violation of both federal and state Medicaid law, Medicaid and common law fraud, breach of contract, unfair and deceptive trade practices and unjust enrichment. But that s not all. (Catskill Daily Mail, NY)
Week in review: Apple's mea culpa? Aug 23, 2008
In a 10-page complaint, Birmingham resident Jessica Alena Smith charged Apple with breach of express and implied warranty and with unjust enrichment. Smith, who refers to the phone she purchased throughout the complaint as "Defective iPhone 3G," is seeking class action status. (CNET News)
Apple Under Fire for iPhone 3G Glitches Aug 22, 2008
Smith's suit accuses Apple of breach of express warranty and unjust enrichment. She is also seeking an unspecified amount of damages, a judge's order that Apple fix the problems, and that the suit be certified as class action. (SmartMoney)
Lawyer Sanctioned for 'Hijacking' Case for His Own Cause Aug 21, 2008
Aretakis filed a diversity action in federal court for breach of contract, fraud, detrimental reliance, intentional infliction of emotional distress, breach of fiduciary duty and unjust enrichment. He named as defendants the Albany archdiocese, Bishop Howard Hubbard and various nonprofit agencies, as well as the federal government and its Federal Emergency Management Agency. (Law.com)
Apple sued over iPhone 3G reception issues Aug 21, 2008
In a 10-page complaint filed Tuesday in the U.S District Court for Northern Alabama, Birmingham resident Jessica Smith charged Apple with breach of express and implied warranty and unjust enrichment. Smith, who refers to the phone she purchased throughout the complaint as "Defective iPhone 3G," seeks class action status. (CNET News)
What's the Law? Freeloading cousin out Aug 20, 2008
In this case, your parents could take him to court to pay his share of the property taxes, upkeep and utilities under a theory of unjust enrichment. Your parents would need to show the actual costs they have paid, and the statute of limitations would limit collection of expenses to the last six years. (Honolulu Star-Bulletin)
Responding to Former Client's Lawsuit, Reed Smith Denies Churning Fees Aug 15, 2008
President Judge Dominick Motto tossed the unjust enrichment claim but. In its new matter, Reed Smith argued the claims for fraud, breach of fiduciary duty and professional negligence were barred in whole or in part by the statute of limitations. (Law.com)
Trump Claims Firm Invaded Privacy By Posting Name on Website Aug 13, 2008
Trump has sued again, this time accusing Morrison Cohen and partner David Scharf of unjust enrichment for using his name and image "for advertising purposes," reports. "Defendants, without Trump's written consent, have used really commercially exploited Mr. Trump's name and reputation, and continue to do so, on Morrison Cohen's website," the lawsuit said. (ABA Journal)
Eating-Disorder Class Actions Get Judge's Go-Ahead Aug 12, 2008
The result was to knock out those plaintiffs' claims under the Mental Health Parity Law and the Consumer Fraud Act, along with common-law claims for breach of contract, breach of implied duty of good faith and fair dealing, misrepresentation, unjust enrichment and tortious interference with contract. They are left only with their claims under ERISA, which does not afford a jury trial and often requires review under an arbitrary and capricious standard. (Law.com)
Trump Fired Up Over Privacy Suit Aug 12, 2008
The Trumpster has filed a $10 million lawsuit against his former attorneys, claiming unjust enrichment and violation of privacy after the legal eagles had the gall to identify the real estate tycoon as a one-time client of theirs, without his consent, on advertisements for their firm. However, Morrison Cohen LLP, who along with firm partner David Scharf were named in the suit filed in New York State Court last week, has fired back, claiming the legal action is nothing more than an attempt by... (E! Online)
Appeals Court Reinstates Claims Vs AT&T Unit Aug 8, 2008
The appeals panel ordered the trial court to determine whether it has jurisdiction over the lawsuit, which alleges breach of contract, unjust enrichment, and violation of Washington's Consumer Protection Act. Plaintiff Jared Peck, a former Cingular Wireless employee, sued the carrier in 2006 after finding that his bill for wireless service included a 31 cent charge for Washington's Business ation tax. (ABC News -- Wire)
Former Client's Overbilling Suit Against Reed Smith Can Continue Aug 7, 2008
He granted Reed Smith's preliminary objection to the unjust enrichment claim, given the basis of the claim was founded upon a contract ... He said the unjust enrichment claim that was dismissed was the "least significant" of his client's claims and would have no effect on their ability to pursue the "core claims" for "fee-churning." ... "The unjust enrichment count was a nonessential count," Fox said in an interview. (Law.com)
Federal Suit Accuses Law Firm of Shaking Down Shoppers Aug 7, 2008
It alleges unjust enrichment and violation of Florida's. Harke said the genesis of the proposed class action is a case taken by his wife, attorney Alison Harke. (Law.com)
Companies spar over Skippack sports complex Aug 7, 2008
Jenkins contends that Pennoni owes Czop/Specter $130,130 based on "an unjust enrichment theory," as stated in the complaint. Czop/Specter also seeks the return of the plans "now in the possession" of Pennoni Associates. (Doylestown Central Bucks Life, PA)
Judge Limits Damages in Would-Be Partner's Suit Against Orrick Aug 6, 2008
He dismissed Hoeffner's claims for promissory estoppel, unjust enrichment, breach of fiduciary duty and intentional infliction of emotional distress. Though nominal damages can be as low as $1, a jury could still conceivably award Hoeffner punitive damages. (Law.com)
Tainted Peanut Butter Cases Can't Proceed as Class Action Aug 1, 2008
The plaintiffs, he wrote, "have failed to carry their burden that there are no material variations in state law" regarding unjust enrichment. "The many differences among jurisdictions would prevent the Court from finding that common issues of law predominate on this claim.". (Law.com)
Alcopop 'games' risk return of tax Jul 29, 2008
" The Government is also arguing that seasonal variation explains the figures because people tend to drink some alcohols more in some months. According to the ATO, there was a similar increase in full-strength spirit sales last year. But Mr Riden said he stood by the industry's figures, which related to a different measure. The Taxation Institute's senior tax counsel Michael Dirkis said the Government must stop collecting the tax as soon as the Senate rejects the legislation. "Once you get... (The Australian)
International PetroReal Urges Shareholders to Vote the BLUE Proxy in Unwarranted Proxy Battle with Dissident Shareholders Jul 28, 2008
According to SEC Form 8-K, filed on October 9, 2007, Patrick, in his role as CFO, EVP and director of MIV Therapeutics, has been served a summons in New York by a number of plaintiffs alleging breach of contract, fraud, fraudulent concealment, negligent misrepresentation, unjust enrichment and conspiracy claims. By contrast, Ben Anderson, by personal choice and in the best interest of the company, will be stepping down as Chief Operating Officer as of August 7 and will not stand for re-election... (CCNMatthews Press Releases)
Cruise Passengers Claim Gallery Short-Changed Them During Voyage Jul 26, 2008
Other claims include breach of contract and unjust enrichment. Khorrami said he is in touch with numerous Park West clients and has filed a similar lawsuit in California. (Law.com)
Art auctions on cruise ships lead to anger, accusations and lawsuits Jul 16, 2008
They have accused the company of misrepresenting the value of its artwork and are seeking unspecified damages for unfair trade practices, breach of contract and unjust enrichment. 1. (International Herald Tribune -- Arts)
Perelman Sues Late Wife Claudia Cohen's Family, Claiming They Cheated Her Jul 13, 2008
His claims include fraudulent conveyance, undue influence and unjust enrichment. The complaint asks the judge to order the undoing of asset transfers and a rewriting of Robert Cohen's will to assure compliance with the verbal promises. (Bloomberg)
3rd Circuit: Class Action No Cure for Uninsured Patient's Bill Jun 27, 2008
The suit alleged claims of breach of contract; breach of the duty of good faith and fair dealing; violation of the New Jersey Consumer Fraud Act; unjust enrichment; and breach of fiduciary duty ... And DiCarlo's claim of unjust enrichment failed, Debevoise found, because DiCarlo conceded that he never paid his hospital bill ... "Plaintiff does not purport to have given anything at all to defendants. In the absence of a benefit conferred, there can be no claim for unjust enrichment," Debevoise... (Law.com)
Some AIG Claims Dismissed in Starr Court Battle Jun 24, 2008
Also thrown out were claims for unjust enrichment and constructive trust, essentially that Starr unfairly holds these shares. However, Judge Jones ruled that a claim that Starr breached its fiduciary duty, and a conversion claim, essentially that Starr was unauthorized in its assumption of the shares, can proceed to trial. (ABC News -- Wire)
Animal Owners Seek Class Action Status in Suit Over Pet Food Additives Jun 10, 2008
Besides injunctive relief regarding the false and deceptive marketing and sale of pet food, the eight-count lawsuit claims -- among other things -- fraudulent misrepresentation and concealment, violation of Florida's Deceptive and Unfair Trade Practice Act, negligence and unjust enrichment. The named plaintiffs are pet owners from around the country. (Law.com)
Alston Set to Settle Malpractice Suit Jun 10, 2008
All three are defendants to the trustee's adversary complaint and have denied the allegations -- including breach of fiduciary duty, unjust enrichment and common law fraud -- made by the trustee. Two are facing criminal sanctions related to the Friedman's matter. (Law.com)
Chargers settle with ticket holder Jun 5, 2008
Christian filed a potential class-action suit last year, accusing the team of unjust enrichment for not automatically giving refunds to those who bought tickets to a second playoff game that was never played. In 2006, fans willing to purchase 2007 regular-season tickets would be permitted to purchase tickets for January 2007 playoff games. (San Diego Union-Tribune -- Sports)
50 Cent's Long Island Home Gutted By 'Suspicious' Fire May 31, 2008
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Council motoring fines 'illegal' May 29, 2008
He toiled the BBC: "It's definitely a massive problem, definitely on a national scale, and we're talking about councils making tens of millions of pounds. "From a legal point of view, the term is unjust enrichment. And if the council unjustly enriches itself, it's got to pay the money back. (BBC News -- UK)
Grasso Pay Case Tests Attorney General's Power May 28, 2008
Solicitor General Barbara Underwood will argue in People of the State of New York by Spitzer v. Grasso, 120, that the attorney general's parens patriae powers -- a common law authority to act as the protector of the rights of those unable to protect themselves -- empower the office to go after Grasso's compensation package as "unjust enrichment." ... Grasso's lawyers counter that the attorney general is using the "incantations" of "unjust enrichment" and "parens patriae" to try to obscure the... (Law.com)
Suit alleges Saint Joseph's Hospital overcharged thousands of patients May 24, 2008
The lawsuit, which alleges breach of contract, breach of implied contractual duties of good faith and fair dealing, unjust enrichment, and breach of fiduciary duty, seeks unspecified punitive damages. the law firm that filed suit, is seeking class-action status on behalf of thousands of patients overbilled by the practice. (Atlanta Business Chronicle, GA)
Hagens Berman Sobol Shapiro: NCAA and Ticketmaster Accused of Fleecing Fans Through Illegal Lottery May 23, 2008
The lawsuit lists several charges against the NCAA and Ticketmaster including violations under the state and federal RICO Acts based on gambling violations, unjust enrichment, and civil conspiracy. Additional counts against the NCAA include violations of the Indiana Consumer Protection Act and monies had and received. (PR Newswire)
U.S. District Court Says Christopher Radko is Not Responsible for Rauch Debts in ''Elmet'' Case May 22, 2008
Mr. Radko alleges numerous violations by Rauch including securities fraud, fraudulent concealment, breach of contract, conversion of his personal assets, wrongful termination and unjust enrichment. About Christopher Radko: Christopher Radko is an iconic name in American home dcor. (Yahoo! Wire -- Entertainment News)
Palin's plan fails common sense tests May 18, 2008
Whatever your notions of fairness, you'll find examples in these programs of unjust enrichment of the undeserving. A friend of mine notes that the debit card program will only benefit consumers if fuel retailers don't respond to the subsidy (and the resulting increased demand) by jacking up prices. (Anchorage Daily News)
Trial Set to Start in Parmalat Case Vs Citigroup May 15, 2008
In that ruling, Judge Jonathan Harris threw out claims accusing Citigroup of fraud, racketeering and unjust enrichment, as well as a claim for punitive damages. Parmalat was allowed to pursue a claim that Citigroup aided and abetted a breach of fiduciary duties by former Parmalat insiders. (ABC News -- Wire)
Ironworkers' pension fund sues Alcoa over bribery allegation May 9, 2008
The pension fund, which oversees the retirement savings of ironworkers in Hawaii, has accused Alcoa and its directors of breach of fiduciary duty, abuse of control, gross mismanagement, waste of corporate assets and unjust enrichment. The lawsuit precedes Alcoa's annual meeting, which is scheduled for Thursday afternoon in Pittsburgh. (San Diego Union-Tribune -- Business)
Dispute of Toronto Theater Producers Goes to Court as Dancap Sues Mirvish May 8, 2008
Dancap accused Key Brand of breach of contract, conspiracy, unjust enrichment and fraud. Mirvish is accused in the suit of interference with economic relations, conspiracy and inducing breach of contract. (Bloomberg -- Canada)
Parmalat, Limited Brands, Exxon Mobil, Siemens Bribery Case in Court News Apr 22, 2008
A New Jersey court last week threw out Bondi's claims of fraud, conspiracy, racketeering and unjust enrichment, narrowing the scope of the case and the damages sought. Judges both in the U.S. proceeding and the trial in Milan have radically reduced the requests advanced by Parmalat,'' Citigroup said in the statement. (Bloomberg -- Germany)
Clash over Asarco's future heats up Apr 19, 2008
Last year, the creditors sued Grupo Mexico for $100 million in damages alleging breach of fiduciary duties, corporate waste and unjust enrichment, among other charges. The Mexican company said in a statement that the suit was without merit. (AZCentral -- Business)
Latin America: Ecuador Shakedown Apr 18, 2008
7 billion for environmental impacts, $480 million for a new Ecuadorean health care system, $428 million to rebuild Ecuador's potable water system, $375 million for infrastrucure projects, and another $8 billion to the activists for "unjust enrichment.". What this really does is force Chevron to fund the government without even getting its oil. (Investors Business Daily)
Radio's 'Lois Lane,' now 90, accuses money adviser of losing and stealing millions Apr 17, 2008
It accuses them of fraud, breach of contract, professional malpractice, unjust enrichment and other misconduct. Stanton's lawyer, David E. Mills, said he does not know how much Starr and others took since, as court papers say, they "continue to deny full access to the books and records" of investments or the $6. (International Herald Tribune)
Citigroup wins dismissal of many Parmalat claims Apr 16, 2008
The judge, however, threw out Parmalat claims that alleged fraud, racketeering and unjust enrichment, and a claim for punitive damages. The racketeering claim could have resulted in triple damages under state law. (ABC News -- Wire)
Passengers sue Southwest Airlines Apr 16, 2008
Its claims include breach of contract, unjust enrichment, and negligent and reckless operation of an aircraft. The suit filed Friday contends the class likely covers more than 10,000 people. (MSNBC -- Travel)
Parmalat Falls a Second Day as Most Claims Against Citigroup Are Dismissed Apr 16, 2008
New Jersey State Superior Court Judge yesterday approved Citigroup's request to dismiss Parmalat Chief Executive Officer 's claims of fraud, conspiracy, racketeering and unjust enrichment. Parmalat as much as 17. (Bloomberg -- Europe)
Passengers sue Southwest Airlines over missed inspections Apr 16, 2008
The lawsuit, filed Friday in federal court in Birmingham, seeks class-action status on claims that include breach of contract, unjust enrichment, and negligent and reckless operation of an aircraft. Lew Garrison, a Birmingham lawyer who represents the passengers, said Tuesday the class could include hundreds of thousands of people who traveled on Southwest planes from January 2002 through last month. (AL.com)
Silent no more; former mayor demands jury trial Apr 16, 2008
His charges include conversion, slander, malicious abuse of process, tortuous interference with business relationships, unjust enrichment and false imprisonment. Family Lifeline sued Jackson in Sandoval County s 13th Judicial District Court in January claiming he used at least 25,000 of the federal grant money he secured for the nonprofit for personal purposes, claiming that Jackson s actions were deliberate, wanton, wrongful and malicious and violated federal grant rules and employment terms. (Rio Rancho Observer, NM)
Abbott facing trial, summary judgment hearing in Norvir antitrust case, attorney says Apr 15, 2008
Abbott is seeking summary judgment on three of the plaintiffs allegations: monopolization, unfair competition, and unjust enrichment. The company was sued in 2004 for quintupling the price of Norvir, which is often used to boost the effect of protease inhibitors. (FT.com -- Markets)
Piece of cake: UK taxman set for big bill over biscuit mistake Apr 11, 2008
"We are pleased with the outcome which endorses our position. "We're optimistic that the House of Lords will now find in our favour and hope that this will conclude the matter and draw a line under this protracted litigation," a spokeswoman said. Cake or biscuit UK tax officials acknowledged that chocolate teacakes had been wrongly classed as biscuits in 1994, prompting Maunch a legal battle to have the wrongly-paid VAT returned. Under UK tax rules, most traditional bakery products such as... (BBC News -- Europe)
Marks & Spencer wins EU tax judgment Apr 11, 2008
The court said an EU state could refuse reimbursement for wrongly paid VAT on the basis of "unjust enrichment," but only if fiscal neutrality and equal treatment were observed ... Customs paid only 88,440 to Marks & Spencer, saying most of the VAT burden had been passed on to customers and that paying the refund in full would amount to "unjust enrichment" for the company ... Tax experts said that the ruling ended a situation in which the government could claim unjust enrichment for not... (International Herald Tribune -- Business)
Storm in a teacake: Lords to end 13 year saga of VAT and chocolate Apr 11, 2008
Customs resorted to what is known as 'the passing on defence' - that a refund would amount to unjust enrichment for Mheir customers had ultimately paid the original VAT.. It was agreed that customers had paid 90% of the VAT and so Md be entitled to 10% of the original refund. (Accounting Web, UK)
Marks & Spencer tax rebate is a piece of cake Apr 11, 2008
M&S attempts to recover the VAT received a frosty response with Customs initially offering just 350,000 on the grounds that M&S customers had paid 90pc and repaying the full amount would produce an "unjust enrichment" for the store group. advertisement. (Telegraph.co.uk)
Gibson Wants 'Passion' Financial Records Sealed Apr 5, 2008
His suit claims fraud, breach of contract, unjust enrichment and asks for unspecified damages. Copyright 2008 by. (WNBC.com, NY)
Ex Clubs 50 Cent with Lawsuit Apr 4, 2008
Ex-girlfriend Shaniqua Tompkins, the mother of the rapper's 10-year-old son, Marquise, has sued Fiddy for breach of contract and unjust enrichment, claiming he's trying to evict them from their Long Island home. In the single-page complaint filed Wednesday in New York State Supreme Court in Manhattan, Tompkins asks a judge to rule that she has a right to live in the residence, which 50 Cent bought for about $2. (E! Online)
Gibson Wants No 'Passion' Disclosure Apr 4, 2008
The lawsuit claims fraud, breach of contract and unjust enrichment, and seeks unspecified damages. In court filings Tuesday, attorneys for Gibson and his production company asked the court to seal the movie's financial records and only allow Fitzgerald's lawyers access to them. (Waterloo-Cedar Falls Courier)
Sub-prime lender allegedly inflated its profit Mar 28, 2008
These and certain other bonus payments to executives may be recovered "under unjust enrichment and bankruptcy law theories," he said. Missal said certain officers and directors might also be exposed to various other claims for certain actions or their failure to act, but he added that they also had significant legal defenses. (Yahoo News -- Real Estate)
Judge Says Arbitration Can't Be Avoided in Dispute Over $23 Million Worth of Vanilla Beans Mar 21, 2008
McLaughlin also concluded that AGK's claims for unjust enrichment and conversion, brought directly against the parent corporations, must also be sent to arbitration "because they plausibly relate to the subject matter of the agreement to arbitrate.". AGK is estopped from contesting arbitration, McLaughlin found, because "having brought an arbitration proceeding against ZTI and prosecuted that action for two years, AGK has manifested its consent to arbitrate those claims.". (Law.com)
Pet-Food Lawsuits Are Near Settlement, Say Attorneys Mar 8, 2008
The plaintiffs claim unfair and deceptive trade practices; negligence in failing to provide adequate quality control; unjust enrichment and breach of implied and express warranties. Some claim emotional trauma was caused by the death or illness of pets. (Law.com)
Murray cuts political ties to lobbyist Mar 7, 2008
"These disbursements give rise to claims based on federal common law theories of unjust enrichment, breach of contract, and/or fraud," HUD said. Platt strongly denied the allegations but ultimately settled with HUD in early 2000, agreeing to pay $3. (Boston Globe)
Gibson sued over Passion pay Feb 13, 2008
The legal case, which also names Mr Gibson's Icon Productions company as a defendant, claims fraud, breach of contract, unjust enrichment and seeks unspecified damages. Bookmark with. (BBC News -- Entertainment)
Cobb EMC urges judge to toss lawsuit Feb 13, 2008
It accuses co-op leadership of mismanagement, breach of fiduciary duty and unjust enrichment for allowing that to happen. The co-op denies the allegations. (Atlanta Journal-Constitution -- Business)
Eight sue over golf project investment Feb 12, 2008
Instead, the lawsuit accuses Fresno real estate agents Kathy Gee and Linda Ann Ulm of negligence and unjust enrichment in their dealings with those Alameda County investors on behalf of Running Horse LLC. The lawsuit also accuses Stewart Title of California of negligence and misrepresentation in failing to monitor the transaction. Ulm, the owner of Community Financial in Fresno, declined to comment on the lawsuit, and Gee could not be reached to comment. (Fresno Bee)
Writer sues Mel Gibson over Passion script Feb 12, 2008
Fitzgerald, after lengthily describing his own Catholicism and fervent belief in the project (which he claims is how he got hired in the first place), says Gibson "preyed monetarily" on him, "taking advantage of his unbridled enthusiasm for the project and with full cognizance of [Fitzgeralds] fundamental personal and spiritual beliefs. In making a mockery of his own purported belief system, Gibson callously and greedily exploited [Fitzgerald], the suit read. He shamelessly minted and... (MSNBC -- News)
Rockland says garbage firm owes city $66,000 Feb 7, 2008
The city is suing for action on account annexed, breach of contract and unjust enrichment. The city is demanding judgment against Johnson and damages in the amount of $66,229 plus pre- and post-judgment interest, costs, attorneys fees and any other relief that the court deems appropriate. (Courier Publications, ME)
Around the Ivies Feb 4, 2008
Norris is suing for unjust enrichment and violation of privacy rights, and while it is uncertain just what damages he seeks, Penguin is not overly concerned about the case. The books author is only mildly perturbed; this Brown Bear thinks that Norris recent exploits make him all the more ridiculous (and therefore profitable). (Yale Herald, CT)
