American Casual Dining, L.P. v. Moe's Southwest Grill, L.L.C.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the plaintiff could not claim within a single count that there was an agreement and that the defendant was unjustly enriched
• holding that the plaintiff could not claim within a single count that there was an agreement and that the defendant was unjustly enriched
• holding common law breach of the implied covenant claims must be tied to breach of specific contractual provision
• noting the implied duty of good faith and fair dealing “is not an independent source of duties for the parties to a contract”
• dismissing unjust enrichment claim where plaintiff asserted the claim alongside an “inconsistent” claim “within a single count”
• dismissing fraudulent misrepresentation claim because “a false representation made by a defendant, to be actionable, must relate to an existing fact or a past event. Fraud cannot consist of mere broken promises, unfulfilled predictions or erroneous conjecture as to future events”

Source: CourtListener parenthetical corpus (CC0).