Legal Opinion
Packard v. OCA, Inc.
Court of Appeals for the Fifth Circuit
Decided October 26, 2010No. 09-41004PublishedCited by 13 opinions
1Opinion of the Court
EDITH BROWN CLEMENT, Circuit Judge:
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.
FACTS AND PROCEEDINGS
This appeal arises out of…
2Cases cited25 opinions
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
- Bateman Eichler, Hill Richards, Inc. v. BernerSupreme Court of the United States · 1985
- Ewell v. DaggsSupreme Court of the United States · 1883
- Lewis v. DavisTexas Supreme Court · 1947
- Rogers v. McDormanCourt of Appeals for the Fifth Circuit · 2008
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3Cited by13 opinions
- John Priester, Jr. v. JP Morgan Chase BankCourt of Appeals for the Fifth Circuit · 2013
- Amegy Bank National Ass'n v. Brazos M & E, Ltd. (In Re Bigler LP)United States Bankruptcy Court, S.D. Texas · 2011
- Justice v. Wells Fargo Bank National Ass'n ex rel. Registered Holders of Bear Stearns Asset Backed Securities, I, L.L.C.Court of Appeals for the Fifth Circuit · 2016
- Matthew Schirle v. Sokudo USA, L.L.C.Court of Appeals for the Fifth Circuit · 2012
- Pearson v. BP Products North America, Inc.Court of Appeals for the Fifth Circuit · 2011
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