Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Packard v. OCA Inc., No. 09-41004

By FindLaw Staff on October 27, 2010 2:07 PM

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."

Related Resources

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options