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)
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)
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)
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)
Consumer Class Action Certified Against Title Insurance Co. Feb 2, 2008
The plaintiffs brought nine claims -- breach of express contract, breach of implied contract, money had and received, violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, fraudulent misrepresentation, negligent misrepresentation, negligent supervision, accounting and unjust enrichment ... The claims for unjust enrichment and money had and received could be handled on a classwide basis, Robreno found, because neither requires inquiry into the individual circumstances... (Law.com)
Beachwood lawyers rebut city arguments Feb 1, 2008
The city has claimed that Keenan is guilty of unjust enrichment in a case that could bring him more than 40 million in compensation for a 1million investment on his part. But Keenan s legal team asserts in papers filed today that those claims are largely rehashed from previously rejected arguments -- and contradict previous city claims. (Half Moon Bay Review, CA)
Lawsuit on the lanes Jan 27, 2008
Filed on behalf of anyone owning a bowling center between 1980 and 2007, the lawsuit claims the USBC engaged in unfair competition, restraint of trade, negligence, breach of contract and unjust enrichment. The lawsuit asks for restitution of defendant s wrongful profits, revenues, and benefits, to the extent and in the amount deemed appropriate by the court. (Carlisle Sentinel, PA)
Landmark court ruling confirms retrospective VAT capping illegal Jan 24, 2008
Claims falling within the scope of section 80 of the VAT Act 1994 will be paid only where HMRC are satisfied that to pay the claim will not result in the unjust enrichment of the claimant. Per the Business Brief 13/06 the judgment has implications beyond late claims for input tax. (Accounting Web, UK)
Vanessa Hudgens Settles Up Jan 16, 2008
Attorney Brian L. Schall sued Hudgens in September for breach of contract and unjust enrichment, claiming he helped the actress land songwriting and recording deals that netted her more than $5 million and that he advanced costs and expenses for the star during the period they worked together. After Hudgens signed with him in October 2005, Schall alleged that she agreed to pay him 5 percent of her gross earnings from the aforementioned deals and to keep paying him up until 12 months after their... (E! Online)
Hannah Montana Suit Something to Talk About Jan 5, 2008
Buddy Sheffield sued parent company ABC Cable Networks Group on Aug. 23, alleging breach of implied contract, breach of confidence, unfair competition and unjust enrichment. He is seeking unspecified damages. (E! Online)
Law Firm Fight Escalates to Criminal Charges Against Former Partner Jan 4, 2008
Champa's and Powers' claims include breach of contract, breach of fiduciary duty, fraud, negligent misrepresentation, conversion, unjust enrichment and a demand for an accounting of the firm's financial status. The lawyers also sought damages of at least $140,000. (Law.com)
Beachwood costs grow to $41.6 million Jan 3, 2008
Knox has said that the issue of unjust enrichment for Keenan, who bought the land in a 1993 foreclosure sale for 1 million, is the main thrust of the city's appeal. "The one that jumps out immediately is the unjust enrichment argument. That just grabs your attention," he said ... "We think in light of those facts it is grossly unfair and represents unjust enrichment," he added of the maximum judgment against the city. (Half Moon Bay Review, CA)
Chuck Norris sues, says his tears no cancer cure Dec 22, 2007
The suit, filed in Manhattan federal court, seeks unspecified monetary damages for trademark infringement, unjust enrichment and privacy rights. Norris, whose real name is Carlos Ray Norris, claims in the suit he is protective of what his name is associated with. (Yahoo News -- Technology)
Playboy Model Sues Over Unauthorized Image Use Dec 16, 2007
Krupa filed the suit Thursday against Customized Girl in Los Angeles Superior Court, alleging misappropriation of image and likeness, invasion of privacy and unjust enrichment. She is seeking unspecified general and compensatory damages. (NBCSandiego.com, CA)
EU says company should get refund in cake vs. biscuit row Dec 14, 2007
The EU court's adviser, Juliane Kokott, said Britain was wrong to refuse the refund by claiming such a large payment would be "unjust enrichment" -- offering a profit to the retailer when it had passed on the extra tax charge to customers. "The objection that Marks and Spencer has been enriched cannot be invoked as long as it offends the principle of equal treatment," she said. (Sioux City Journal, IO)
EU legal adviser says M&S should get full refund in cake vs. biscuit row Dec 13, 2007
The EU court's adviser, Juliane Kokott, said Britain was wrong to refuse the refund by claiming such a large payment would be "unjust enrichment" offering a profit to the retailer when it had passed on the extra tax charge to customers. "The objection that Marks and Spencer has been enriched cannot be invoked as long as it offends the principle of equal treatment," she said, criticizing the British tax system for not applying unjust enrichment rules across the retail chain. (International Herald Tribune -- Sports)
What is fair share of will? Dec 11, 2007
That said, there are two ways to make a claim: 1) a contract with your in-laws, which obviously you don't have; or 2) a claim for services that allows you to recover the value of your services, based upon your work, to prevent unjust enrichment of others. Generally speaking, to recover any money, you must prove that 1) you provided a benefit for your in-laws, which they realized, and that 2) it would be inequitable to allow the beneficiaries of their estates -- including your husband -- to... (Pittsburgh Post-Gazette, PA)
Hudgens Gets Schooled in Contract Suit Dec 6, 2007
In the suit, which also claims unjust enrichment against the actress, Schall argued that his wheelings and dealings had helped the now nearly 19-year-old Hudgens earn more than $5 million stemming from her songwriting and recording career and that he advanced her expenses and costs during the time they worked together. Per the terms of the initial contract, signed in October 2005, Schall claims that Hudgens agreed to pay him five percent of her gross earnings from all recording deals and to... (E! Online)
'Smaller' Client Claims Reed Smith's Big-Client Focus Led to Inflated Bills Dec 4, 2007
The Bair Foundation brings claims of breach of contract, breach of fiduciary duty, legal negligence, fraud and unjust enrichment. The foundation said in the complaint that it was originally told the case would cost them $50,000. (Law.com)
The hunt for Blacks hidden millions Dec 2, 2007
Ever since, the surviving directors have grappled with the newspaper s falling circulation, debts, endemic dishonesty and their bid to recover $542m from Black and others on account of their alleged unjust enrichment and frauds. Black s conviction should have galvanised the Chicago directors to pursue their claim. (Times Online)
Late 40 Percent Retainer Pact Survives Widow's Dismissal Bid Nov 29, 2007
Ms. Lawrence has sought rescission of the agreement as well as the return of all previous fees on the grounds of unjust enrichment and breach of fiduciary duty. Though contingent fees of such magnitude are not uncommon in personal injury cases, they are rarer in estate cases. (Law.com)
Chili Peppers sue over Californication title Nov 23, 2007
The lawsuit alleges unfair competition, dilution of the value of the name and unjust enrichment, claiming the title is inherently distinctive, famous. and immediately associated in the mind of the consumer with the Red Hot Chili Peppers. (Globe and Mail -- Entertainment)
Red Hot Chili Peppers sue Showtime Nov 21, 2007
The lawsuit alleges unfair competition, dilution of the value of the name and unjust enrichment, claiming the title is "inherently distinctive, famous ... and immediately associated in the mind of the consumer" with the Red Hot Chili Peppers. "Californication is the signature CD, video and song of the band's career, and for some TV show to come along and steal our identity is not right," the band's lead singer, Anthony Kiedis, said in a statement. (CNN -- Showbiz)
Chili Peppers File Californilitigation Nov 20, 2007
The band Kiedis, Michael "Flea" Balzary, John Frusciante and Chad Smith is alleging unfair competition, dilution of the value of the name and unjust enrichment, stating that the name "Californication" is "inherently distinctive, widely recognized and immediately associated in the mind of the consumer and those in the trade" with the Chili Peppers, according to the complaint filed in L.A. Superior Court. Reps for Showtime couldn't immediately be reached for comment. (E! Online)
