ILNews

COA rules on unjust enrichment issue for first time

Back to TopCommentsE-mailPrintBookmark and Share

For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.

In Steven A. Coppolillo v. Anthony Cort, No. 45A05-1007-PL-433, Steven A. Coppolillo, a chef at Zuni’s Restaurant, negotiated to purchase Anthony Cort’s ownership in Zuncor, which owned the restaurant. While making monthly payments to Cort, the restaurant property was sold and the restaurant closed shortly after because Zuncor didn’t establish a new location for the restaurant after the lease ended. Coppolillo lost his investment in Zuncor and sued Cort for unjust enrichment.

Cort argued that the claim is barred because Cort sold his share in Zuncor to Coppolillo pursuant to a written agreement, so any remedy must be sought under the contract rather than in equity. Senior Judge Betty Barteau noted that other jurisdictions have determined that when an express contract doesn’t fully address a subject, a court of equity may impose a remedy to further the ends of justice.

The evidence shows that the parties’ payment arrangements for Cort’s share of Zuncor aren’t fully controlled by their agreement, so the contract doesn’t preclude the claim in equity against Cort of unjust enrichment.

Regarding Coppolillo’s claim, the judges found there to be a material dispute of fact as to whether Cort was unjustly enriched, so he isn’t entitled to summary judgment as a matter of law as the trial court had ruled. They also rejected Cort’s claim that Coppolillo isn’t entitled to equitable relief because Coppolillo has unclean hands.

Judge Barteau wrote there is at best a dispute of fact as to whether Coppolillo engaged in wrongdoing when he ended his relationship with Zuncor and took a job in Chicago, even though Zuncor continued to operate two other restaurants.

The judges reversed the trial court’s grant of summary judgment to Cort and remanded for further proceedings.

ADVERTISEMENT

  • good opinion
    Excellent reasoning by appellate judge and a decent article summary by this paper. Well done.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

ADVERTISEMENT