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· 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 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.