heldenautie
Junior Member
Florida Law, but is substantially similar to Federal. Paralegal (and law student) working on the team representing Defendant.
So in this case, a defendant filed an answer and counterclaim for breach of contract, unjust enrichment, and fraud. Plaintiff filed a 12b6 motion on the basis that (1) the breach of K claim had two contracts that needed to be separated out, (2) the unjust enrichment claim incorporated by reference the breach of contract claim, and (3) the fraud claim was invalid because the fraud claim was essentially a tort recasting of the breach of K claim. Court dismissed out breach of K claim and the unjust enrichment claim with leave to amend, but denied to dismiss out the fraud claim. Defendant amended. Plaintiff did a 12b6 again, which included dismissing out the fraud claim for pretty much the exact same reason as the first 12b6.
Is this collateral estoppel? Or is it something else with a name? Or do we just sit here and say that Plaintiff is wasting judicial resources?
So in this case, a defendant filed an answer and counterclaim for breach of contract, unjust enrichment, and fraud. Plaintiff filed a 12b6 motion on the basis that (1) the breach of K claim had two contracts that needed to be separated out, (2) the unjust enrichment claim incorporated by reference the breach of contract claim, and (3) the fraud claim was invalid because the fraud claim was essentially a tort recasting of the breach of K claim. Court dismissed out breach of K claim and the unjust enrichment claim with leave to amend, but denied to dismiss out the fraud claim. Defendant amended. Plaintiff did a 12b6 again, which included dismissing out the fraud claim for pretty much the exact same reason as the first 12b6.
Is this collateral estoppel? Or is it something else with a name? Or do we just sit here and say that Plaintiff is wasting judicial resources?
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