Legal Opinion · Dissent

Ventura v. Titan Sports, Inc.

Court of Appeals for the Eighth Circuit

Decided September 11, 1995No. Nos. 94-3103, 9A-3235Published

1Dissent

MORRIS SHEPPARD ARNOLD,

Circuit Judge, dissenting.

I dissent from so much of the court’s opinion as allows Mr. Ventura a recovery for royalties before Mr. Bloom negotiated a contract for him. To state a cause of action for unjust enrichment in Minnesota, a plaintiff must show either on legal or equitable grounds, or based on principles of natural justice, that a defendant’s retention of a benefit would be unjust. Mehl v. Norton, 201 Minn. 203, 205-07, 275 N.W. 843, 844-45 (1937). In the court’s view, Mr. Ventura was deprived of a legal right to additional compensation because Titan infringed…

2Cases cited10 opinions

  1. Baltimore Orioles, Inc. v. Major League Baseball Players Ass'nCourt of Appeals for the Seventh Circuit · 1986
  2. B.B. v. Continental Insurance CompanyCourt of Appeals for the Eighth Circuit · 1994
  3. Frankson v. Design Space InternationalSupreme Court of Minnesota · 1986
  4. Uhlaender v. HenricksenDistrict Court, D. Minnesota · 1970
  5. Hendry v. ConnerSupreme Court of Minnesota · 1975

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