Extract to table
Pull the structured facts out of a document: parties, dates, amounts, obligations.
Extract to table / reply-memo-motion-to-dismiss.docx
reply-memo-motion-to-dismiss.docx
Parties
LOGISTICS SA
HARKNESS LLP
Aegean Fortuna Shipholding Ltd
Plaintiff Northwind Maritime Corp
Stern LLP
IDT Corp
Mandarin Trading Ltd
Brightwater Corp
Dates
January 26, 2024
January 12, 2024
December 15, 2023
December 3, 2020
January 15, 2021
January 14, 2024
July 29, 2022
September 1, 2011
October 2, 2023
April 2, 2022
Amounts
$5,634,400
$14,750
$16,166,000
$18,300,000
$3,420,000
$1,127,000
$1,087,400
$1,003,000
$4,500,000
$471,600
Obligations
Specifically: Count V (Unjust Enrichment) is duplicative of the breach of contract claim and must be dismissed as a matter of law
Under these circumstances, Northwind's unjust enrichment claim is impermissible as a matter of law and must be dismissed with prejudice
COUNT V (UNJUST ENRICHMENT) MUST BE DISMISSED BECAUSE AN EXPRESS CONTRACT GOVERNS THE PARTIES' DISPUTE A
The unjust enrichment claim in Count V must be dismissed with prejudice
For all of the foregoing reasons, Count V must be dismissed with prejudice
2022) (applying New York law and holding that damages must be "within the contemplation of the parties" and cannot include speculative consequential losses absent an express contractual provision)