· 5/29/2002
M.A. ex rel. G.A. v. Voorhees Township Board of Education
Citations
- 202 F. Supp. 2d 345
- 2002 U.S. Dist. LEXIS 9324
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a complaint may not “plead an unjust enrichment claim in the alternative to a claim for breach of contract when it is undisputed (or when the court has found) that a valid nontract exists”
- permitting plaintiff's claims for both unjust enrichment and breach of contract to proceed where the defendant disputed the validity of the contracts at issue
- “[W]hile a party, indeed, cannot recover under both a breach of contract and unjust enrichment theory, a plaintiff may plead these claims in the alternative.”
- “[C]ourts have held that a plaintiff may not plead an unjust enrichment claim in the alternative to a claim for breach of contract when it is undisputed (or when the court has found
- under Georgia law, “the causes of action for breach of the implied covenant and breach of contract are [not] duplicative; on the contrary, the causes of action are separate and distinct and may be plead[ed] simultaneously.”
- plaintiff not entitled to injunctive relief where compensatory damages are adequate
Source: CourtListener parenthetical corpus (CC0).
Judges: Simandle
Read full opinion on CourtListenerSourced 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.