KOREA TRADE INSURANCE CORPORATION v. RAINEATER, LLC, 15-84E. (2015)
Court: District Court, W.D. Pennsylvania
Number: infdco20150622958
Visitors: 6
Filed: Jun. 19, 2015
Latest Update: Jun. 19, 2015
Summary: ORDER CATHY BISSOON , District Judge . Defendant's Motion to Dismiss (Doc. 8) will be denied. Defendant argues that Plaintiff cannot maintain causes of action for both breach of contract and for unjust enrichment. Def.'s Br. (Doc. 9) at 2. In federal court, however, Plaintiff is permitted to plead in the alternative. See Indep. Enters. Inc. v. Pitt. Water & Sewer Auth. , 103 F.3d 1165 , 1175 (3d Cir. 1997) (citing Fed. R. Civ. P. 8(e)(2)). This rule has been extended to cases alleging
Summary: ORDER CATHY BISSOON , District Judge . Defendant's Motion to Dismiss (Doc. 8) will be denied. Defendant argues that Plaintiff cannot maintain causes of action for both breach of contract and for unjust enrichment. Def.'s Br. (Doc. 9) at 2. In federal court, however, Plaintiff is permitted to plead in the alternative. See Indep. Enters. Inc. v. Pitt. Water & Sewer Auth. , 103 F.3d 1165 , 1175 (3d Cir. 1997) (citing Fed. R. Civ. P. 8(e)(2)). This rule has been extended to cases alleging c..
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ORDER
CATHY BISSOON, District Judge.
Defendant's Motion to Dismiss (Doc. 8) will be denied. Defendant argues that Plaintiff cannot maintain causes of action for both breach of contract and for unjust enrichment. Def.'s Br. (Doc. 9) at 2. In federal court, however, Plaintiff is permitted to plead in the alternative. See Indep. Enters. Inc. v. Pitt. Water & Sewer Auth., 103 F.3d 1165, 1175 (3d Cir. 1997) (citing Fed. R. Civ. P. 8(e)(2)). This rule has been extended to cases alleging contract versus quasi-contract claims. See Sensus U.S., Inc. v. Elliott Bay Eng'g, Inc., 2011 WL 2650028, *5 (W.D. Pa. July 6, 2011) (holding same) (citations to quoted sources omitted). Defendant's Motion to Dismiss (Doc. 8) is without merit, and, therefore, is DENIED.
IT IS SO ORDERED.
Source: Leagle
