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· 1/25/2011

CoMentis, Inc. v. Purdue Research Foundation

Citations

  • 765 F. Supp. 2d 1092
  • 2011 U.S. Dist. LEXIS 7756
  • 2011 WL 308414

How courts have described this case

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

  • “A party cannot pursue 27 equitable relief simply because its contract claim fails, without alternatively alleging that 28 there was either no contract on point or the contract at issue was unenforceable.”
  • \CoMentis may not seek unjust enrichment just in case the contract does not afford it the relief it seeks; a valid contract still governs the parties' rights with respect to the subject matter at issue.\
  • “[E]xpressions of opinion cannot be the basis for an action in fraud; an action in fraud requires a misrepresentation of material fact. Nonetheless, . . . if a statement is susceptible of exact knowledge when made, it is a statement of fact rather than opinion.”
  • “[i]n or about February 2009” satisfied Rule 9(b)
  • \[i]n or about February 2009\ satisfied Rule 9(b)

Source: CourtListener parenthetical corpus (CC0).

Judges: Philip P. Simon

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.