Carol Marmo v. Tyson Fresh Meats

I respectfully disagree with the court’s conclusion that the courts of the State of Nebraska would not recognize a claim for unjust enrichment in the circumstances of this case. The law of restitution, as the court seems to recognize, is well established in Nebraska. Generally speaking, restitution is available whenever a person acquires a benefit that in justice he or she ought not to retain. Ahrens v. Dye, 208 Neb. 129, 133, 302 N.W.2d 682, 684-85 (1981). The generality of this principle may account for the court’s reluctance here to entertain this suit, but in truth the principle is not…