unjust enrichment claim (Kentucky) · Go Syfert
← Kentucky issues

unjust enrichment claim in Kentucky

7 Kentucky opinions name it 3 courts 1929–2023 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Steelvest, Inc. v. Scansteel Service Center, Inc.green
ky · 1995 · cited in 4 Kentucky opinions naming this issue, 2017–2021
2 sentences

2021However, “there may be factual issues that are capable of jury determination before application of an equitable remedy, but there is no entitlement to a jury trial on an unjust enrichment claim.” Id. (citing Steelvest, Inc., 908 S.W.2d at 107-09 ).

2021However, “there may be factual issues that are capable of jury determination before application of an equitable remedy, but there is no entitlement to a jury trial on an unjust enrichment claim.” Id. (citing Steelvest, Inc., 908 S.W.2d at 107-09 ).

34
Brock v. Pilot Corp.green
kyctapp · 2007 · cited in 3 Kentucky opinions naming this issue, 2017–2017
2 sentences

2017Similarly, in Brock v. Pilot Corp., 234 S.W.3d 381, 384 (Ky. App. 2007), ' . the Court of Appeals recognized that an unpaid sub-subcontractor who provided work that enhanced property could have an unjust enrichment claim 17 against the landowner.

2017Similarly, in Brock v. Pilot Corp., 234 S.W.3d 381, 384 (Ky. App. 2007), ' . the Court of Appeals recognized that an unpaid sub-subcontractor who provided work that enhanced property could have an unjust enrichment claim 17 against the landowner.

33
Jones v. Sparksgreen
kyctapp · 2009 · cited in 2 Kentucky opinions naming this issue, 2018–2021
2 sentences

2021To prevail on a claim for unjust enrichment, a plaintiff must prove: “(1) benefit conferred upon defendant at plaintiff’s expense; (2) a resulting appreciation of benefit by defendant; and (3) inequitable retention of benefit without payment for its value.” Jones v. Sparks, 297 S.W.3d 73, 78 (Ky. App. 2009) (citation omitted).

2018Jones v. Sparks , 297 S.W.3d 73 , 78 (Ky. App. 2009).

12
Age v. Agegreen
kyctapp · 2011 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023Age v. Age, 340 S.W.3d 88, 94 (Ky. App. 2011) (citing Richardson v. Brunner, 327 S.W.2d 572, 574 (Ky. 1959)).

11
Richardson v. Brunnergreen
kyctapphigh · 1959 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023Age v. Age, 340 S.W.3d 88, 94 (Ky. App. 2011) (citing Richardson v. Brunner, 327 S.W.2d 572, 574 (Ky. 1959)).

11
Superior Steel, Inc. v. Ascent at Roebling's Bridge, LLCgreen
moctapp · 2017 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021“Equitable claims, such as unjust enrichment, are heard and decided by the trial court, not the jury.” Superior Steel, Inc. v. Ascent at Roebling’s Bridge, -9- LLC, 540 S.W.3d 770, 782 (Ky. 2017) (citing Steelvest, Inc. v. Scansteel Serv.

11
Emerson v. Emersongreen
kyctapp · 1986 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021Under the current version of CR 39.03, “the consent must be noted of record, or, in other words, expressed consent is required.” Emerson v. Emerson, 709 S.W.2d 853, 855 (Ky. App. 1986) (citing 7 BERTELSMAN & PHILLIPS, KENTUCKY PRACTICE, CR 39.03, Comment 2 (4th ed. 1984)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Brown Sprinkler Corp. v. Somerset-Pulaski County Development Foundation, Inc. green
kyctapp · 2010
2 sentences

2017Found, Inc., 335 S.W.3d 455 (Ky. App. 2010), the Court of Appeals rejected the argument that a legal remedy via a mechanics' lien precluded an unjust enrichment claim.

2017Found, Inc., 335 S.W.3d 455 (Ky. App. 2010), the Court of Appeals rejected the argument that a legal remedy via a mechanics' lien precluded an unjust enrichment claim.

32017–2017
Dirt & Rock Rentals, Inc. v. Irwin & Powell Construction, Inc. green
kyctapp · 1992
2 sentences

2017"To recover pursuant to the equitable theory of unjust. ~nrichment, Brock [the unpaid sub-subcontractor] must demonstrate that Pilot [the landowner] not only benefited from his efforts but also that Pilot did not pay any person for the work Brock performed." Id., (citing Dirt & Rock Rentals Inc., 838 S.W.2d at 412 ).

2017"To recover pursuant to the equitable theory of unjust. ~nrichment, Brock [the unpaid sub-subcontractor] must demonstrate that Pilot [the landowner] not only benefited from his efforts but also that Pilot did not pay any person for the work Brock performed." Id., (citing Dirt & Rock Rentals Inc., 838 S.W.2d at 412 ).

32017–2017
Marcum's Admx. v. Terry neutral
kyctapp · 1912
2 sentences

1929The duty which thus forms the foundation of a quasi-contractual obligation is frequently based on the doctrine of unjust enrichment. ’ ’ Or, as expressed in Marcum v. Terry, 146 Ky. 145 , 142 S. W. 209, 210 , 37 L.

1929The duty which thus forms the foundation of a quasi-contractual obligation is frequently based on the doctrine of unjust enrichment. ’ ’ Or, as expressed in Marcum v. Terry, 146 Ky. 145 , 142 S. W. 209, 210 , 37 L.

11929–1929

Where else courts name it

NY 265 (1942–2026) OH 143 (1986–2026) DE 101 (2001–2026) TX 76 (1991–2026) IL 75 (1957–2026) PA 69 (1956–2026) MI 65 (1975–2026) CT 61 (1968–2026) NC 53 (1952–2026) WA 53 (1941–2026) ME 49 (1974–2024) CA 46 (1950–2026) WI 44 (1975–2026) CO 42 (1989–2026) LA 39 (1965–2023) VT 36 (1914–2026) MD 35 (1958–2025) FL 34 (1953–2025) AZ 33 (1989–2026) UT 31 (1999–2025) MO 30 (1998–2023) MN 29 (1989–2026) TN 29 (1975–2026) GA 28 (1987–2026) NJ 27 (1984–2026) ID 23 (1984–2026) OR 23 (1977–2025) AL 22 (2000–2025) AR 21 (1955–2023) MT 19 (1967–2024) NM 19 (1990–2024) IA 18 (1939–2025) ND 16 (1974–2026) MA 14 (2010–2026) WY 14 (1989–2026) NV 12 (2014–2022) OK 10 (1935–2024) IN 10 (1971–2026) RI 10 (1969–2016) KS 9 (1996–2024) NE 9 (2015–2024) DC 8 (2005–2025) SC 7 (2002–2025) MS 7 (1998–2013) VA 7 (1992–2024) KY 7 (1929–2023) WV 6 (1988–2020) NH 6 (1982–2018) SD 5 (1991–2025) HI 4 (2013–2025) VI 3 (2013–2014) AK 2 (1996–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check