Legal Opinion
Mirkin v. Xoom Energy, LLC
District Court, E.D. New York
Decided September 21, 2018No. 18-cv-2949-ARR-RERPublishedCited by 2 opinions
1Opinion of the Court
ROSS, United States District Judge:
Plaintiffs Susanna Mirkin and Boris Mirkin, a married couple residing together in Brooklyn, bring this putative class action against defendants XOOM Energy, LLC and XOOM Energy New York, LLC (collectively, "XOOM"). They assert claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment arising out of their March 2013 agreement to obtain residential electricity services from XOOM, an independent energy service company ("ESCO"). Defendants moved to dismiss the complaint on the ground that plaintiffs have…
2Cases cited28 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lundy v. Catholic Health System of Long Island Inc.Court of Appeals for the Second Circuit · 2013
- Corsello v. Verizon New York, Inc.New York Court of Appeals · 2012
- Holmes v. GrubmanCourt of Appeals for the Second Circuit · 2009
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3Cited by2 opinions
- Mirkin v. XOOM Energy, LLCCourt of Appeals for the Second Circuit · 2019
- Mirkin v. XOOM Energy, LLCDistrict Court, E.D. New York · 2023