News & Analysis as of

Unjust Enrichment Damages Appeals

Kilpatrick

Sixth Circuit affirms dismissal of unjust enrichment class action, ruling that airline customer’s purchase of travel assistance...

Kilpatrick on

Takeaway: Unjust enrichment is one of the most commonly asserted causes of action in class actions seeking compensatory damages. Equitable considerations form the foundation of unjust enrichment claims under the laws of...more

McDermott Will & Emery

Ill-Gotten Gains: Unjust Enrichment Remedy Not Barred by Limitation of Liability Provision

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Examining the issue of trade secret misappropriation when parties have contractually limited their liability from breach, the US Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of the case,...more

Proskauer - Trade Secrets

Eleventh Circuit Revives Trade Secret Misappropriation Claim in Long-Running Litigation

On April 4, 2025, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama’s ruling dismissing Alabama Aircraft Industries’ (“AAI”) trade secret misappropriation claim against Boeing, thereby...more

BakerHostetler

Supreme Court Upholds Corporate Separateness in Unanimous Dewberry Decision

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In Dewberry Group, Inc. v. Dewberry Engineers, Inc., the Supreme Court unanimously held that the Lanham Act does not permit courts to disregard corporate identity when awarding damages for trademark infringement....more

McDermott Will & Emery

Don’t Share Trade Secrets With Your Fiancé: A Cautionary Tale

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The US Court of Appeals for the First Circuit largely affirmed a multimillion-dollar award against a temp agency for misappropriation of trade secrets and unjust enrichment due to its employee’s act of obtaining proprietary...more

McDermott Will & Emery

A Healthy Dose of Seeds: Unique Combination Trade Secrets Entitled to Protection

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit upheld a jury verdict finding a dietary supplement company liable for misappropriating another company’s research and development (R&D) related to broccoli-seed extract. Caudill...more

McDermott Will & Emery

A Window into Trade Secret Damages: R&D Costs Can Quantify Unjust Enrichment

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The US Court of Appeals for the Third Circuit affirmed a district court’s finding of damages in a trade secrets case under Pennsylvania’s version of the Uniform Trade Secrets Act. The Third Circuit explained that it is...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Lewitt Hackman

Franchisor 101: The Proof Is in the Writing

Lewitt Hackman on

Ten years after the franchisor of the EXIT real estate system entered into a franchise agreement for a franchisee to operate an EXIT franchise in Maitland, Florida, the parties entered into another franchise agreement for a...more

Holland & Knight LLP

Federal Circuit Courts Affirm ADA Preemption of State Law Claims Challenging Air Ambulance Prices

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The U.S. Courts of Appeals for the Eighth and Tenth Circuits recently affirmed district court opinions holding that the Airline Deregulation Act (ADA) preempted state law claims that challenged prices charged by air ambulance...more

Foster Garvey PC

Is a Cannabis Lease Void as an Illegal Contract?

Foster Garvey PC on

A fundamental rule of contract law is that “illegal” contracts are not enforceable. But what constitutes an “illegal contract”? Generally speaking, an illegal contract is one where the performance of the contract results in...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

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