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· 8/25/2005

Freeman Industries, LLC v. Eastman Chemical Co.

Citations

  • 172 S.W.3d 512
  • 2005 Tenn. LEXIS 668
  • 2005 WL 2036209

How courts have described this case

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

  • \[C]ourts must decide whether the alleged anticompetitive conduct affects Tennessee trade or commerce to a substantial degree.\
  • “[W]e conclude that to recover for unjust enrichment, a plaintiff need not establish that the defendant received a direct benefit from the plaintiff.”
  • “The plaintiff must further demonstrate that he or she has exhausted all remedies against the person with whom the plaintiff enjoyed privity of contract.”
  • “[T]he legislature’s failure to express disapproval of a judicial construction of a statute is persuasive evidence of legislative adoption of the judicial construction.” (Internal quotation marks and citations omitted)
  • indirect purchaser who ultimately paid overcharge is “real” victim of antitrust violation
  • outlining three elements needed to establish an unjust enrichment claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Justice Janice M. Holder

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.