Riley J. Wilson v. Career Education Corporation

I agree with my colleagues that the CEC supplemental compensation plan was an enforceable contract and that there is not currently any need to pursue a claim of unjust enrichment. I agree with Judge Darrow that plaintiff Wilson is entitled to pursue his claim for bad faith breach of the contract with CEC, both in his own right and potentially on behalf of a plaintiff class. I respectfully disagree with my colleagues, however, on Wilson’s straight breach of contract claim that does not require proof of subjective bad faith. I dissent from the affirmance of the district court’s Rule 12(b)(6)…