Legal Opinion

Tonken v. Loving & Weintraub Inc.

District Court, S.D. New York

Decided September 8, 1998No. 98 Civ. 3327 (SAS)PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

SCHEINDLIN, District Judge.

This case involves a fairly straightforward' commercial dispute. Defendant ETRO U.S.A. Inc. (“ETRO”) has moved to dismiss plaintiffs’ claims for breach of contract, promissory estoppel, quantum meruit, unjust enrichment and fraud pursuant to Fed. R.Civ.P. 12(b)(6). For the following reasons, ETRO’s motion to dismiss the Complaint as to ETRO is granted.

I. Factual Background

ETRO is a retail clothing and accessories business with stores throughout the world specializing in the sale of high-end fashion and designer clothing. See Complaint (“Cmplt.”) at…

2Cases cited29 opinions

Younger v. HarrisSupreme Court of the United States · 1971
Allen v. McCurrySupreme Court of the United States · 1980
Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1969

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3Cited by2 opinions

Weinraub v. Glen Rauch Securities, Inc.District Court, S.D. New York · 2005
Oak Beverages, Inc. v. TOMRA of Massachusetts, L.L.C.District Court, S.D. New York · 2000