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· 11/4/2013

Randy Cohen v. American Security Insurance, C

Citations

  • 735 F.3d 601
  • 2013 WL 5890642
  • 2013 U.S. App. LEXIS 22394

How courts have described this case

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

  • affirming the dismissal of a fraud claim because the complaint “allege[d] no facts or circumstances to support a finding of a duty to disclose” given that “[t]he parties operated at arm’s length”
  • affirming the dismissal of an unjust enrichment claim based on breach of contract
  • explaining “the traditional understanding of a kickback” is when “an agent, charged with acting for the benefit of a principal, accepts something of value from a third party in return for steering the principal’s business to the third party”
  • “[a] claim for intentional interference with contract requires that the defendant intentionally and unjustly induced another to breach a contract with the plaintiff”
  • “In Illinois recovery for unjust enrichment is unavailable where the conduct at issue is the subject of an express contract between the plaintiff and defendant.”
  • “Of course, a party may plead claims in the alternative, i.e., she may plead a claim for breach of contract as well as unjust enrichment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Manion, Sykes, Hamilton

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.