Riley J. Wilson v. Career Education Corporation

I agree that the Plan was an enforceable contract for the reasons stated in Judge Wood’s opinion, post I also agree that because the Plan was an enforceable contract, the district court properly dismissed Wilson’s unjust enrichment claim. I write separately because I find that although CEC did not breach the express terms of the Plan, Wilson has stated a plausible claim for breach of contract under an implied covenant of good faith and fair dealing theory.

I. CEC Did Not Breach the Express Terms of the Plan

In interpreting contract terms, a court must first look to the plain language of the…