This memornadum addresses two antitrust concerns that should be noted by emerging companies: Avoiding the creation of documents that might invite antitrust problems, and avoiding premerger coordination of commercial activities and uncontrolled exchange of compettitively sensitive information.
West Virginia Antitrust Disclosure Compliance Memorandum
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Multi-State
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US-TC0308
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FAQ
Unjust enrichment is an independent cause of action whereby the plaintiff seeks either a monetary or proprietary award against the defendant. The basis for the claim is that the defendant was enriched at the plaintiff's expense without juristic reason.
Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...
Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement when Party A fulfills his/her part of the agreement and Party B does not fulfill his/her part of the agreement.
The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this state, by any persons for the purpose of excluding competition or controlling, fixing or maintaining prices is unlawful.
If a plaintiff can show an unjust enrichment, then he / she is entitled to a monetary award, or a constructive trust. It should always be kept in mind that unjust enrichment is the cause of action and that a constructive trust is a possible remedy once the cause of action is proven.
To state a claim for unjust enrichment in Virginia, a plaintiff must allege three elements: (1) the plaintiff conferred a benefit upon the defendant; (2) the defendant knew that the plaintiff conferred the benefit; and (3) the defendant accepted or retained the benefit under circumstances that render it inequitable for ...
10 years after occupancy or acceptance by owner, whichever occurs first. Disclaimer: This information was published on August 1, 2021.
In May, Morrisey announced that the state had settled with Kroger for $68 million over its role in distributing highly addictive prescription painkillers West Virginia. Kroger was the last remaining defendant in a lawsuit involving Walgreens, Walmart, CVS and Rite Aid.