ThunderWave, Inc. v. Carnival Corp.

How courts have described this case

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

• stating that conclusive proof of valid express contract precludes suit for recovery in quantum meruit and unjust enrichment since “the law will not imply a contract where a valid express contract exists.”’
• declining to dismiss unjust enrichment claim where Defendant denied existence of express contract
• “Under Florida law, a party may simultaneously allege the existence of an oral contract and seek equitable relief under the theory of unjust enrichment.”
• “application of the ‘lex loci contractus’ rule determines whether Florida or Maryland law applies to ThunderWave’s unjust enrichment claims
• “The standard of review for Rule 12(b)(6) and Rule 12(c) motions are identical.” (citations omitted)
• “To obtain a judgment on the pleadings, the moving party must clearly establish that no material issue of fact remains unresolved and that it is entitled to judgment as a matter of law.”

Source: CourtListener parenthetical corpus (CC0).