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· 5/7/2024

John Riju v. Joslin A. Riju

How courts have described this case

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

  • holding that allegation that bank purchased excess flood insurance at the homeowner's expense to generate commissions stated a breach of good faith claim under Massachusetts law
  • holding that ambiguous contract provisions foreclose dismissal of complaint
  • stating that although “damages for breach of contract and unjust enrichment are mutually exclusive . . . it is accepted practice to pursue both theories at the pleading stage”
  • reversing the judgement that a claim of unjust enrichment should be dismissed based on interpretation of the express contract
  • reinstating a breach of contract claim because an ambiguity in contract language meant the plaintiff's construction of the language was not properly deemed unreasonable at the motion to dismiss stage
  • pointing to Gilmore as affirming a “well established principle” of law

Source: CourtListener parenthetical corpus (CC0).

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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.