Unjust Enrichment: Unjust, Indeed

Law360, New York (December 1, 2008, 12:00 AM EST) -- Federal courts have seen an influx of indirect purchaser, multi-state antitrust class actions in recent years. Typically, the claims are based on allegations of collusive or monopolistic conduct that has caused “overcharges.”

Oddly, the actions have routinely included claims for unjust enrichment under the common law. Antitrust law, once thought to be a creature of statute, is now often subject to the whims of the common laws of various states.

Admittedly, the use of unjust enrichment by plaintiffs’ counsel is a clever innovation and can be...
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