· 1/26/1996
R.J. Wildner Contracting Co. v. Ohio Turnpike Commission
Citations
- 913 F. Supp. 1031
- 1996 U.S. Dist. LEXIS 1390
- 1996 WL 56070
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- refusing to allow a negligent misrepresentation claim under Ohio law when defendants failed to fulfill an alleged promise to pay for certain construction costs
- allowing a plaintiff, under Ohio law, to seek recovery for unjust enrichment on a claim within “the parameters of the contract” when there is an allegation of fraud or bad faith
- motion to dismiss granted where rebanee on oral representation was unreasonable as a matter of law because contract contained specific disclaimer and warning
- ‘‘[I]n the absence of fraud or bad faith, Ohio law prohibits recovery under a theory of unjust enrichment where an express contract covers the same subject.”
- “A claim for negligent misrepresentation is based on false information, not a broken promise.”
- “if the contract clearly and unambiguously precludes the alleged claim, dismissal is appropriate”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ann Aldrich
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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