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· 3/13/2009

Aware, Inc. v. CENTILLIUM COMMUNICATIONS, INC.

Citations

  • 604 F. Supp. 2d 306
  • 2009 U.S. Dist. LEXIS 26085
  • 2009 WL 782115

How courts have described this case

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

  • denying motion to dismiss where contract contained an ambiguity and language elsewhere in the agreement “confirms that plaintiff’s proposed interpretation is at least plausible”
  • finding “no reason to require plaintiff to choose a theory of recovery” at the pleading stage and noting that “courts have been flexible regarding when they require this choice to be made”
  • finding “no reason to require plaintiff to choose a theory of recovery” at the pleading stage and noting that “courts have been flexible regarding when they require this choice to be made”
  • finding “no reason to require plaintiff to choose a theory of recovery” at the pleading stage of the litigation and refusing to dismiss claim for unjust enrichment even though plaintiff asserted claim for breach of contract
  • defendant reaped the benefits from the agreement while avoiding most of its obligations

Source: CourtListener parenthetical corpus (CC0).

Judges: Gorton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.