Benjamin Berger v. Home Depot U.S.A., Inc.

How courts have described this case

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

• concluding district court did not err where plaintiff did not allege or seek to prove all class members were exposed to deceptive practices
• concluding trial court did not err in finding that variation in time, location, and oral representation relating to five different leases required resolution of claims on an individual basis
• requiring \unjust retention of [a] benefit\ as an element of an unjust enrichment claim
• finding common questions did not predominate 17 where plaintiff “ha[d] not alleged that all of the members of his proposed class were 18 exposed to [defendant]'s alleged deceptive practices”
• requiring “unjust retention of [a] benefit” as an element of an unjust enrichment claim
• affirming district court’s conclusion that Rule 23(b) was not satisfied where Plaintiff “ha[d] not alleged that all of the members of his proposed class were exposed to Home Depot’s alleged deceptive practices”

Source: CourtListener parenthetical corpus (CC0).