Packard v. OCA Inc., No. 09-41004 - U.S. Fifth Circuit
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Packard v. OCA Inc., No. 09-41004

Unjust Enrichment Claim Dismissal Affirmed

In Packard v. OCA Inc., No. 09-41004, defendants' appeal from summary judgment for plaintiff on defendant's counterclaims for unjust enrichment and money had and received, the court affirmed where, as a matter of Texas law, defendant could not pursue its equitable counterclaims to recover benefits conferred pursuant to the illegal contract.

 

As the court wrote:  "Appellants OCA, Inc. and Orthodontic Centers of Texas, Inc. (collectively, "OCA") appeal the district court's grant of summary judgment in favor of Robert
Packard, D.M.D., M.S. and Packard Orthodontics, P.A., doing business as Apple Orthodontix (collectively, "Packard") on its counterclaims for unjust enrichment and money had and received. The district court ruled, as a matter of Texas law, OCA could not pursue its equitable counterclaims to recover benefits conferred pursuant to the illegal contract. We AFFIRM."

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