CLASS ACTION Similarly Situated, 13 SECOND AMENDED COMPLAINT Plaintiffs, FOR: 14 Vs
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United States District Court Southern District of Florida
Case 9:18-cv-80110-RLR Document 92 Entered on FLSD Docket 02/21/2019 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 9:18-CV-80110-ROSENBERG/REINHART WEBSTER HUGHES, Plaintiff, v. PRIDEROCK CAPITAL PARTNERS, LLC, Defendant. ______________________________________/ ORDER DENYING DEFENDANT’S RENEWED MOTION TO STRIKE JURY DEMAND [DE 84] THIS MATTER is before the Court on Defendant, Priderock Capital Partners’ (“Defendant”) Renewed Motion to Strike Jury Demand (“the Motion”), DE 84. I. Background & Procedural History In brief, Defendant seeks to strike Plaintiff Webster Hughes’ (“Plaintiff”) demand for a jury trial, because only one count, Count III, for Breach of Contract-Implied-in-Law/Quasi Contract, remains at issue in this case. See id; DE 73; DE 66. After summary judgment was granted in favor of Defendant as to Counts I and II, see DE 65, Defendant moved to strike Plaintiff’s jury demand at DE 66. That request was denied without prejudice in order for Defendant to consider and address additional case law cited by the Court, see DE 68, DE 69, DE 71. Defendant renewed its request at DE 73. Plaintiff responded at DE 74, and Defendant replied at DE 77. The Court denied Defendant’s second motion to strike the jury demand without prejudice: Defendant argues its Motion assuming that liability as to Count III has been conceded. See, e.g., DE 73, 2. However, liability has not been formally admitted, through an amended pleading, stipulation, or the like. See DE 10, 12. Accordingly, Defendant is ordered to either seek leave of the Court to amend its pleadings or to file a Second Amended Motion that does not presume that liability has been determined by no later than 2/21/19. -
Cite As: 18 Ny3d 753, 967 N
967 N.E.2d 1170 Page 1 18 N.Y.3d 753, 967 N.E.2d 1170, 944 N.Y.S.2d 725, 2012 N.Y. Slip Op. 02249 (Cite as: 18 N.Y.3d 753, 967 N.E.2d 1170, 944 N.Y.S.2d 725) on such renewal, where lessee did not pay any ser- vice termination fees and did not pay for services he did not receive. McKinney's General Obligations Law §§ 5–901, 5–903. Court of Appeals of New York. Bruce OVITZ, on Behalf of Himself and All Others Similarly Situated, Appellant, [2] Antitrust and Trade Regulation 29T 134 v. BLOOMBERG L.P. et al., Respondents. 29T Antitrust and Trade Regulation 29TIII Statutory Unfair Trade Practices and Con- March 27, 2012. sumer Protection 29TIII(A) In General 29Tk133 Nature and Elements Background: Lessee of financial information ser- 29Tk134 k. In general. Most Cited vices and equipment brought action against lessor Cases following automatic renewal of parties' subscription agreement. The Supreme Court, New York County, Judith J. Gische, J., denied lessor's motion to dismiss, A prima facie showing under the deceptive trade and it appealed. The Supreme Court, Appellate Divi- practices statute requires allegations that a defendant sion, 77 A.D.3d 515, 909 N.Y.S.2d 710, reversed, is engaging in an act or practice that is deceptive or and leave to appeal was granted. misleading in a material way and that plaintiff has been injured by reason thereof. McKinney's General Business Law § 349(a). Holdings: The Court of Appeals, Jones, J., held that: (1) even assuming that General Obligations Law's lease renewal provisions supported implied private [3] Antitrust and Trade Regulation 29T 179 right of action, lessee did not suffer harm, so as to support claim based on lease renewal; 29T Antitrust and Trade Regulation (2) lessee failed to state claim against lessor under the 29TIII Statutory Unfair Trade Practices and Con- deceptive trade practices statute; and sumer Protection (3) action did not present justiciable controversy 29TIII(B) Particular Practices upon which a declaratory judgment could be rendered 29Tk179 k. -
12-60597-CIV-COHN/SELTZER LISA KOWALSKI, a Florida Resident
Case 0:12-cv-60597-JIC Document 208 Entered on FLSD Docket 11/07/13 09:32:41 Page 1 of 26 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 12-60597-CIV-COHN/SELTZER LISA KOWALSKI, a Florida resident, Plaintiff/Counterdefendant, v. JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan corporation, Defendant/Counterplaintiff/ Third-Party Plaintiff, v. BARBARA WILSON, as Personal Representative of the ESTATE OF FLORENCE P. KOWALSKI, Third-Party Defendant. ___________________________________/ ORDER DENYING WILSON’S MOTION FOR SUMMARY JUDGMENT AND GRANTING KOWALSKI’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE is before the Court on Third Party Defendant’s Motion for Summary Judgment Regarding Plaintiff’s Third Amended Complaint, Statement of Material Facts, and Supporting Memorandum of Law [DE 188] (“Wilson Motion”) and and Kowalski’s Motion for Summary Judgment; Rule 56 Statement of Undisputed Material Facts and Memorandum of Law in Support of the Motion [DE 190] (“Kowalski Motion”) (collectively “Motions”). The Court has carefully considered the Motions, the responses and replies thereto, the record in the case, and is otherwise advised in the premises. Case 0:12-cv-60597-JIC Document 208 Entered on FLSD Docket 11/07/13 09:32:41 Page 2 of 26 I. BACKGROUND A. Procedural History. Plaintiff Lisa Kowalski (“Kowalski”) commenced this action on April 3, 2012, against Defendants Jackson National Life Insurance Company (“Jackson”) and Barbara Wilson (“Wilson”) to establish her entitlement to the proceeds of a life insurance policy. See Compl. [DE 1]. After Wilson filed a motion to dismiss alleging that this Court lacked personal jurisdiction over her and Jackson sought dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), Kowalski sought leave to file an amended complaint which dropped Wilson as a party and amended the allegations in her Complaint. -
Opportunities and Pitfalls in Bringing Unjust Enrichment Claims Under
ANA VOHRYZEK Unjust Enrichment Unjustly Ignored: Opportunities and Pitfalls in Bringing Unjust Enrichment Claims Under ICSID ABSTRACT. The article seeks to find a space for unjust enrichment in international investment dispute resolution and to demonstrate the ways in which international arbitrators’ sloppiness in applying unjust enrichment begets undesirable results. The article reviews the role of unjust enrichment in international investment disputes, first historical and then hypothetical. By examining historical arbitrations, the Iran-U.S. Claims Tribunal, international and national parameters for unjust enrichment, and reinterpreting influential decisions like Chorzow and ADC v. Hungary the article demonstrates a long history of reliance on unjust enrichment. Consistent reliance supports the idea that unjust enrichment is a general principle of international law. General principles of international law are protected by bilateral investment treaties’ fair and equitable treatment standard. Thus unjust enrichment claims fall under the fair and equitable treatment standard in bilateral investment treaties. Unjust enrichment claims also surmount ICSID’s substantial jurisdictional barriers, and may prove pivotal in international investment cases involving intellectual property disputes. Along the way, the article attempts develop tenets for unjust enrichment that lend themselves to consistent application and hence facilitate the process of fair decision-making. 1 TABLE OF CONTENTS I. INTRODUCTION 3 II. HISTORY 6 A. Defining Unjust Enrichment 6 1. Domestic Legal Codes: Unjust Enrichment 8 2. International Unjust Enrichment: Creating Universal Parameters 11 B. Unjust Enrichment in International Law 17 1. Early Tribunals 21 2. The Chorzów Factory case 24 3. ADC v. Hungary 32 4. Unjust Enrichment in ICSID 39 a) Saluka (Cause of Action) 41 b) Azurix v. -
What Happened to Unjust Enrichment in California - the Deterioration of Equity in the California Courts
Loyola of Los Angeles Law Review Volume 44 Number 1 Fall 2010 - Symposium: Injuries Article 11 without Remedies 9-22-2010 What Happened to Unjust Enrichment in California - The Deterioration of Equity in the California Courts Douglas L. Johnson Neville L. Johnson Follow this and additional works at: https://digitalcommons.lmu.edu/llr Part of the Law Commons Recommended Citation Douglas L. Johnson & Neville L. Johnson, What Happened to Unjust Enrichment in California - The Deterioration of Equity in the California Courts, 44 Loy. L.A. L. Rev. 277 (2010). Available at: https://digitalcommons.lmu.edu/llr/vol44/iss1/11 This Symposium is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. WHAT HAPPENED TO UNJUST ENRICHMENT IN CALIFORNIA? THE DETERIORATION OF EQUITY IN THE CALIFORNIA COURTS Douglas L. Johnson & Neville L. Johnson* Under common law, the principles of equity have always demanded the recognition of the right of individuals to seek recovery under the theory of unjust enrichment. Recovery under this doctrine is so deeply embedded into Western Society that it continues to be a core element in legal education and is codified in the Restatement Third of Contracts. Despite this rich tradition, an alarming divergence in decisions among Californiacourts is deteriorating unjust enrichment as an independent cause-of-action, leaving many Californians who have been taken advantage of unprotected. -
HEARST PROPERTIES HUNGARY HEARST MAGAZINES UK Hearst Central Kft
HEARST PROPERTIES HUNGARY HEARST MAGAZINES UK Hearst Central Kft. (50% owned by Hearst) All About Soap ITALY Best Cosmopolitan NEWSPAPERS MAGAZINES Hearst Magazines Italia S.p.A. Country Living Albany Times Union (NY) H.M.C. Italia S.r.l. (49% owned by Hearst) Car and Driver ELLE Beaumont Enterprise (TX) Cosmopolitan JAPAN ELLE Decoration Connecticut Post (CT) Country Living Hearst Fujingaho Co., Ltd. Esquire Edwardsville Intelligencer (IL) Dr. Oz THE GOOD LIFE Greenwich Time (CT) KOREA Good Housekeeping ELLE Houston Chronicle (TX) Hearst JoongAng Y.H. (49.9% owned by Hearst) Harper’s BAZAAR ELLE DECOR House Beautiful Huron Daily Tribune (MI) MEXICO Laredo Morning Times (TX) Esquire Inside Soap Hearst Expansion S. de R.L. de C.V. Midland Daily News (MI) Food Network Magazine Men’s Health (50.1% owned by Hearst UK) (51% owned by Hearst) Midland Reporter-Telegram (TX) Good Housekeeping Prima Plainview Daily Herald (TX) Harper’s BAZAAR NETHERLANDS Real People San Antonio Express-News (TX) HGTV Magazine Hearst Magazines Netherlands B.V. Red San Francisco Chronicle (CA) House Beautiful Reveal The Advocate, Stamford (CT) NIGERIA Marie Claire Runner’s World (50.1% owned by Hearst UK) The News-Times, Danbury (CT) HMI Africa, LLC O, The Oprah Magazine Town & Country WEBSITES Popular Mechanics NORWAY Triathlete’s World Seattlepi.com Redbook HMI Digital, LLC (50.1% owned by Hearst UK) Road & Track POLAND Women’s Health WEEKLY NEWSPAPERS Seventeen Advertiser North (NY) Hearst-Marquard Publishing Sp.z.o.o. (50.1% owned by Hearst UK) Town & Country Advertiser South (NY) (50% owned by Hearst) VERANDA MAGAZINE DISTRIBUTION Ballston Spa/Malta Pennysaver (NY) Woman’s Day RUSSIA Condé Nast and National Magazine Canyon News (TX) OOO “Fashion Press” (50% owned by Hearst) Distributors Ltd. -
Rescission, Restitution, and the Principle of Fair Redress: a Response to Professors Brooks and Stremitzer
Valparaiso University Law Review Volume 47 Number 2 Winter 2013 pp.1-78 Winter 2013 Rescission, Restitution, and the Principle of Fair Redress: A Response to Professors Brooks and Stremitzer Steven W. Feldman Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Steven W. Feldman, Rescission, Restitution, and the Principle of Fair Redress: A Response to Professors Brooks and Stremitzer, 47 Val. U. L. Rev. 1 (2013). Available at: https://scholar.valpo.edu/vulr/vol47/iss2/22 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Feldman: Rescission, Restitution, and the Principle of Fair Redress: A Re Article RESCISSION, RESTITUTION, AND THE PRINCIPLE OF FAIR REDRESS: A RESPONSE TO PROFESSORS BROOKS AND STREMITZER Steven W. Feldman* I. INTRODUCTION Analyzing a remedy that the reporter for the Restatement (Third) of Restitution and Unjust Enrichment describes as having “[e]normous practical importance and theoretical interest,”1 scholars in recent years have produced a flood of articles covering contract rescission and restitution.2 In their 2011 Article in the Yale Law Journal, Remedies on and off Contract, Professors Richard Brooks and Alexander Stremitzer weigh in on the discussion.3 Relying on microeconomic theory, which reflects the perspective of rational buyers and sellers, the authors’ thesis is that current legal doctrine is too restrictive in allowing buyers’ rescission and too liberal in granting them restitution.4 Although other commentators * Attorney-Advisor, U.S. -
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Reconciling Cultural Diversity and Free Trade in the Digital Age: a Cultural Analysis of the International Trade in Content Items Claire Wright
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2015 Reconciling Cultural Diversity and Free Trade in the Digital Age: A Cultural Analysis of the International Trade in Content Items Claire Wright Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the International Law Commons, and the International Trade Law Commons Recommended Citation Wright, Claire (2008) "Reconciling Cultural Diversity and Free Trade in the Digital Age: A Cultural Analysis of the International Trade in Content Items," Akron Law Review: Vol. 41 : Iss. 2 , Article 3. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol41/iss2/3 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Wright: Reconciling Cultural Diversity and Free Trade WRIGHT_FINAL 3/23/2009 2:40 PM RECONCILING CULTURAL DIVERSITY AND FREE TRADE IN THE DIGITAL AGE: A CULTURAL ANALYSIS OF THE INTERNATIONAL TRADE IN CONTENT ITEMS Claire Wright* I. Introduction ....................................................................... 401 II. Background Information.................................................... 415 A. Cultural Diversity on the Global Level ....................... 415 B. International Media Conglomerates ............................ 420 C. Global Content Markets .............................................. 428 D. Digital Technology ..................................................... 432 III. Cultural Studies ................................................................. 439 A. Cultural Studies as a Discipline ................................. -
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Case 3:19-cv-01969-WQH-MDD Document 31 Filed 02/10/21 PageID.941 Page 1 of 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FENELLA ARNOLD, KELLY Case No.: 19-cv-1969-WQH-MDD NAKAI, and MICHELE 12 RUPPERT, individually and on ORDER 13 behalf of all others similarly situated, 14 Plaintiffs, 15 v. 16 HEARST MAGAZINE MEDIA, 17 INC., a Delaware corporation; 18 CDS GLOBAL, INC., an Iowa corporation; and DOES 1-50, 19 inclusive, 20 Defendants. 21 HAYES, Judge: 22 The matter before the Court is the Motion to Dismiss Plaintiffs’ Second Amended 23 Complaint filed by Defendants Hearst Magazine Media, Inc., and CDS Global, Inc. (ECF 24 No. 26). 25 I. PROCEDURAL BACKGROUND 26 On September 10, 2019, Plaintiffs Fenella Arnold and Kelly Nakai filed a Class 27 Action Complaint against Defendants Hearst Magazine Media, Inc. (“Hearst”), CDS 28 1 19-cv-1969-WQH-MDD Case 3:19-cv-01969-WQH-MDD Document 31 Filed 02/10/21 PageID.942 Page 2 of 15 1 Global, Inc. (“CDS”), and Does 1 through 50 in the Superior Court for the State of 2 California, County of San Diego. (ECF No. 1-2). On October 10, 2019, Defendants Hearst 3 and CDS (hereinafter, “Defendants”) removed the action to this Court. (ECF No. 1). 4 On December 9, 2019, Plaintiffs Fenella Arnold, Kelly Nakai, and Michele Ruppert 5 filed a First Amended Complaint (“FAC”). (ECF No. 14). On June 25, 2020, the Court 6 issued an Order granting Defendants’ Motion to Dismiss the FAC and dismissing the FAC 7 without prejudice for failure to state a claim upon which relief can be granted.