Unjust Enrichment:

July 12, 2017 § Leave a comment

Unjust Enrichment: An Alternative Cause of Action When There is Not a Written Contract Between the Parties

By: Jennifer Burt Tee

February 19, 2015

What if you did not enter into a written contract with another party, but you gave funds, services, or some other interest to the party and the other party fails to give you anything in return?  If there is no written contract between you and the other party, it may be difficult to prove that the other party breached the contract. However, you may be able to recover under the theory of unjust enrichment.

The theory of unjust enrichment is based on a contract implied in law. People ex rel. Hartigan v. E & E Hauling, Inc., 153 Ill. 2d 473, 497, 607 N.E. 2d 165, 177 (Ill. 1992). To prevail on the theory of unjust enrichment, a plaintiff must prove that the defendant has unjustly retained a benefit to the plaintiff’s detriment, and that defendant’s retention of the benefit violates the fundamental principles of justice, equity, and good conscience. HPI Care Services, Inc. v. Mt. Vernon Hospital, 131 Ill.2d 145, 160, 545 N.E.2d 672 (Ill. 1989). To recover under this theory, plaintiffs must show that defendant voluntarily accepted a benefit which would be inequitable for him to retain without payment. Id. (citing Premier Electrical Construction Co. v. La Salle National Bank, 132 Ill. App. 3d 485, 496, 477 N.E. 2d 1249).

“Because unjust enrichment is based on an implied contract, where there is a specific contract which governs the relationship of the parties, the doctrine of unjust enrichment has no application.”  Hartigan, 153 Ill.2d 497.  However, in a lawsuit, a plaintiff may plead unjust enrichment “in the alternative” to a breach of contract action.  One of the reasons that a plaintiff may plead unjust enrichment “in the alternative” is that if the contract is deemed unenforceable by the court, the plaintiff may then proceed on his cause of action of unjust enrichment in the absence of an enforceable contract between the parties.

https://www.lavellelaw.com/litigation/unjust-enrichment%3A-an-alternative-cause-of-action-when-there-is-not-a-written-contract-between-the-parties

http://blogs.lawyers.com/attorney/commercial-litigation/seventh-circuit-weighs-in-on-unjust-enrichment-debate-in-illinois-17792/

Thanks to the Illinois child welfare system.

July 11, 2017 § Leave a comment

Lawsuit Reveals Child Welfare’s Assault on Battered Mothers, Their Children

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richard wexlerFor a mother of two daughters in Will County, Illinois, known in legal papers as Kelly, the morning of May 1 began with her being thrown against a wall so hard she saw stars. When she looked up, she saw the man who did that to her — the father of her children — holding a gun and threatening to use it. Then the father took one of the children and fled. Kelly was terrified the father would hurt her child.

But, as is documented in a civil rights lawsuit filed by the Family Defense Center in Chicago, that was just the start of a nightmare that has not ended — thanks to the Illinois child welfare system.

Someone — Kelly doesn’t know who and probably never will — called the Illinois child abuse hotline. Even though the father is facing criminal charges and even though Kelly has primary legal custody of the children, caseworkers for the Illinois Department of Children and Family Services apparently leaped to the conclusion that, somehow, all this was Kelly’s fault. They coerced her into letting them put both children with the alleged abuser’s parents. A private agency now oversees the case. The alleged abuser has liberal contact with his children while Kelly hasn’t had a visit with them for a month.

Meanwhile, caseworkers are forcing Kelly to jump through all the usual hoops, including a “mental health assessment” and “anger management.” (Remember, she’s not the one who threw someone against a wall, she’s not the one who pulled out a gun, and she’s not the one facing criminal charges.)

Then, according to the complaint, in what may be the single most candid statement ever uttered by a child welfare worker, a caseworker for the private agency explained how the system really works: The case, she explained, is a “maze.” Like mice in a cruel lab experiment, both parents are at the “beginning of the maze.” The children are at “the end of the maze.” She then said that “whichever parent finished his or her services first” wins — that is, he or she would get the children.

By now some may be wondering “where are the courts — aren’t they supposed to approve all this?” But child welfare agencies have ways around pesky nuisances like due process of law. In this case, they effectively blackmailed Kelly into giving up what few rights she had. They told her that unless she agreed to a so-called “safety plan” in which the children were placed “voluntarily” with the abuser’s parents, she’d have no contact of any kind with her children.

There is nothing to suggest this case is unusual. In an almost identical case last year, Illinois reached a settlement agreement to curb the abuse of “safety plans.” They violated the agreement and have yet to adopt the policies they promised to follow.

And Illinois is not alone in blaming mothers for being beaten.

In Utah, a legislative audit report found that children “witnessing domestic violence” is the single largest category for so-called “substantiated” maltreatment.

In New York City the practice of tearing children from their mothers just because the mothers had been beaten was largely ended only after a settlement that followed a federal judge’s scathing 183-page decision in a class-action lawsuit. (My organization’s vice president was co-counsel for the plaintiffs.)

As the decision explains, the lead plaintiff in that case, Sharwline Nicholson was beaten mercilessly by a boyfriend when she decided to break off the relationship.

But even as she was bleeding profusely, suffering from a broken arm, broken ribs and gashes to her head, as she called 911 and waited for an ambulance to take her to a hospital, she arranged for a neighbor to care for her children.

But that wasn’t enough for the city’s child protective services agency. As Nicholson lay in her hospital bed, CPS took the children from the babysitter and threw them into foster care with strangers — where one of the children was abused. Nicholson was charged with “engaging in domestic violence” — presumably by throwing her body into her abuser’s fists.

“It reached the point where I said ‘Oh, why did I call 911,’” Nicholson said.

Cases like this keep happening because of the child welfare system’s penchant for embracing fads — and for always blaming parents, especially mothers, for anything that happens to children.

So a study reports the obvious: Witnessing domestic violence can be emotionally harmful to children. Instead of embracing the obvious solution — arrest the batterer and put him in jail — child protective services rushes to blame the victim — and tear apart the family.

As usually happens when child protective services takes a swing at “bad mothers,” the blow lands on the children. As a succession of experts testified in the Nicholson case, while witnessing domestic violence may indeed be harmful to children, tearing those children from the victim of that violence is far, far worse. One expert called it “tantamount to pouring salt into an open wound.”

Fortunately, the New York City child welfare agency has largely abided by the settlement. And the New York State Court of Appeals effectively extended it statewide.

But that leaves 49 states where battered mothers have to think twice about seeking help — because of what the “helpers” might do to their children. That’s 49 states, where practice in these kinds of cases can boil down to “please pass the salt.”

Richard Wexler is executive director of the National Coalition for Child Protection Reform.

Unjust Enrichment

July 11, 2017 § Leave a comment

Unjust Enrichment: An Alternative Cause of Action When There is Not a Written Contract Between the Parties

By: Jennifer Burt Tee

February 19, 2015

What if you did not enter into a written contract with another party, but you gave funds, services, or some other interest to the party and the other party fails to give you anything in return?  If there is no written contract between you and the other party, it may be difficult to prove that the other party breached the contract. However, you may be able to recover under the theory of unjust enrichment.

The theory of unjust enrichment is based on a contract implied in law. People ex rel. Hartigan v. E & E Hauling, Inc., 153 Ill. 2d 473, 497, 607 N.E. 2d 165, 177 (Ill. 1992). To prevail on the theory of unjust enrichment, a plaintiff must prove that the defendant has unjustly retained a benefit to the plaintiff’s detriment, and that defendant’s retention of the benefit violates the fundamental principles of justice, equity, and good conscience. HPI Care Services, Inc. v. Mt. Vernon Hospital, 131 Ill.2d 145, 160, 545 N.E.2d 672 (Ill. 1989). To recover under this theory, plaintiffs must show that defendant voluntarily accepted a benefit which would be inequitable for him to retain without payment. Id. (citing Premier Electrical Construction Co. v. La Salle National Bank, 132 Ill. App. 3d 485, 496, 477 N.E. 2d 1249).

“Because unjust enrichment is based on an implied contract, where there is a specific contract which governs the relationship of the parties, the doctrine of unjust enrichment has no application.”  Hartigan, 153 Ill.2d 497.  However, in a lawsuit, a plaintiff may plead unjust enrichment “in the alternative” to a breach of contract action.  One of the reasons that a plaintiff may plead unjust enrichment “in the alternative” is that if the contract is deemed unenforceable by the court, the plaintiff may then proceed on his cause of action of unjust enrichment in the absence of an enforceable contract between the parties.

https://www.lavellelaw.com/litigation/unjust-enrichment%3A-an-alternative-cause-of-action-when-there-is-not-a-written-contract-between-the-parties

http://blogs.lawyers.com/attorney/commercial-litigation/seventh-circuit-weighs-in-on-unjust-enrichment-debate-in-illinois-17792/

Judicial Watch

July 11, 2017 § Leave a comment

Judicial Watch Sues Veterans Affairs Police, Other VA Officials for Violating Protester’s Constitutional Rights –  Judicial Watch announced that it sued several Veterans Affairs police officers and VA officials in connection with violations of the constitutional rights of Robert L. Rosebrock, a 75-year old Vietnam era veteran, who for nearly…Read More

Media Ignores Virginia Gov. McAuliffe’s Role in Green Car Scandal that Fleeced Taxpayers out of Millions – An electric car company that folded after taking millions of taxpayer dollars was founded by Virginia Governor Terry McAuliffe, the chairman of Hillary Clinton’s 2008 presidential campaign and former Democratic National Committee…Read More

Phoenix PD Bans Officers from Asking About Immigration Status, Calling Feds in Violation of State Law – Police officials in Arizona’s largest city have quietly implemented a new policy banning officers from contacting the feds after arresting an illegal alien and forbidding them from asking about immigration status, in violation of key provisions of…Read More

Dem Fla. Senator Helps Pass Bill to Give Her Charity $1.5 Mil, GOP Gov. Approves it – A Democrat Florida state lawmaker helped pass a bill that allocated $1.5 million to a nonprofit that she founded and pays her a six-figure salary and the state’s Republican governor approved it. The legislator, state Senator Lauren Book, represents south Florida’s Broward…Read More 

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Legally Kidnapped

July 11, 2017 § Leave a comment

Legally Kidnapped


Teenage Girl Alleges Sexual Assault At Hyderabad Orphanage

Posted: 09 Jul 2017 03:14 PM PDT

The Class 9 student at the orphanage told her teachers that in the early hours of the morning, he would call her to his room and abuse her.

More >> Teenage Girl Alleges Sexual Assault At Hyderabad Orphanage

Massive lawsuit filed on behalf of Indigenous children torn from their homes

Posted: 09 Jul 2017 03:10 PM PDT

Indigenous children were subjected to a decades-long federal-government policy that saw them torn from their homes and placed with non-Aboriginal families, a class-action lawsuit claims.

More >> Massive lawsuit filed on behalf of Indigenous children torn from their homes

Georgia adoptive mom wanted on child abuse charges

Posted: 09 Jul 2017 03:07 PM PDT

Authorities are searching for a mother accused of abusing her adopted children.

More >> Georgia adoptive mom wanted on child abuse charges

Former ward of state disappointed by government no show

Posted: 09 Jul 2017 03:05 PM PDT

A petition calling for a public inquiry and an apology was presented to parliament today by former wards of the state.  As children some were victims of physical abuse, sexual abuse and mental abuse whilst in state care here in New Zealand.

more >> Former ward of state disappointed by government no show

Foster father sentenced to 10 years RI for sexually abusing minor daughter

Posted: 09 Jul 2017 03:02 PM PDT

A lower court today sentenced a foster father to undergo 10-year RI for sexually assaulting his 7-year-old daughter.Adjudicating a case occurred three years back Balasore Additional District judge Ajanta Sarangi awarded the accused 10 years RI and fine of Rs 5,000 today.According to prosecution, Jaga Hembram of Govindpur village under Khaira Police Station on April 28 , 2014 took his 7 year daughter to nearby Palasa forest and sexually assaulted her. The girl narrated her ordeals to her mother after she returned home. Jaga was arrested after his wife lodged a complainant with the police.

More >> Foster father sentenced to 10 years RI for sexually abusing minor daughter

Couple charged with abuse after toddler foster child found malnourished

Posted: 09 Jul 2017 02:57 PM PDT

Garren Dodd McDonald, 48, and Shelley Lanette McDonald, 43, were arrested June 28, the Etowah County Sheriff’s Office announced Monday. The Collinsville couple is charged with one count each of child abuse.

More >> Couple charged with abuse after toddler foster child found malnourished

Children in Foster Care in NC Surpasses 11,000, Children’s Home Society Intensifies Response

Posted: 09 Jul 2017 02:52 PM PDT

In May 2017, a steadily rising number of children in foster care broke the 11,000 mark, the highest level in 10 years and a nearly 28 percent increase over the last five years.

More >> Children in Foster Care in NC Surpasses 11,000, Children’s Home Society Intensifies Response

Connecticut DCF still isn’t meeting children’s needs, says court monitor

Posted: 09 Jul 2017 02:55 PM PDT

Caseloads are growing and children’s needs aren’t being met, according to the federal court monitor overseeing the Department of Children and Families.

more >> Connecticut DCF still isn’t meeting children’s needs, says court monitor

Court Orders Resentencing in Military Child Abuse Case

Posted: 09 Jul 2017 02:37 PM PDT

A federal appeals court has ordered a new sentencing for a former Army major and his wife convicted of multiple counts of child endangerment, after prosecutors argued their initial sentences were too lenient.

More >> Court Orders Resentencing in Military Child Abuse Case

Boy (2) in state’s care dies after drowning in poo

Posted: 09 Jul 2017 02:34 PM PDT

Jody Herring agrees to accept plea deal for 4 killings

Posted: 09 Jul 2017 01:59 PM PDT

9th Circuit: Detained Immigrant Children Entitled to Court Hearing

Posted: 09 Jul 2017 02:59 PM PDT

Children detained by immigration authorities have the right to a hearing before an immigration judge to consider their release, according to a federal appeals court in San Francisco.

More >> 9th Circuit: Detained Immigrant Children Entitled to Court Hearing

200th home for a former foster youth

Posted: 09 Jul 2017 01:48 PM PDT

A woman once in foster care is spending this 4th of July in her new dream home.
It’s Loren Elam’s first apartment and thanks to the non-profit  A Sense of Home  it is decorated from top to bottom and a home to envy.

More >> 200th home for a former foster youth

Il gets 182 million on just one Title program how much goes to lisa medians office like IV -d program?

May 5, 2017 § Leave a comment

One state gets 182 million from elderly SS money. Title IV-E
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Team IsaiahLike Page
January 8, 2015 ·
In 2014 the state of IL DCFS received $182 million dollars in federal funding for their foster care title IV-E funding. They seem to get bonuses or additional funding for out of state children with medical conditions and physical disabilities. They need to get the FBI in there to clean up this system and return Isaiah Rider and any other out of state adults/ children (Isaiah’s an adult now in his home state) that they continue to benefit financially from. As if that’s not bad enough but they are not providing safe care or homes and children are being abused in the name of “protection” and they claim they don’t have enough funding?? Where is the money going ? Is this human trafficking? There seems to be financial incentives here.

Dear State of Illinois;
Release Isaiah Rider from your custody immediately. Enough is enough already. He is a Missiouri resident and always has been. He’s not even currently residing in your state. He’s living in Missiouri right now and is considered an adult in his home state . He never lived in your state except for the 5 months of forced foster care after taken from Lurie’s ICU because mom requested different care for him. He was then thrown to the wolves in a bad area, traumatized and crimes were committed against him that you are now trying to cover up as well and all conveniently done in the name of “protection”. How can an agency over 500 miles or 8-10 hours away possibly decide the welfare of an individual? How is it ever in the best interest for another state to decide whats best for another states resident ? This doesn’t make sense to any one. Who is benefiting from this, because it’s certainly not Isaiah ? You have caused him and his family enough harm . You are still receiving federal funding for Isaiah since you are not allowing him to go home (where he has requested over and over time and time and Missiouri also recommended) to live and so he is still classified in your IL “foster care” but yet in Mo? Again not making any sense here. He was abused and traumatized in your state care and custody sadly just like many of the other unfortunate children/ adults that are currently being brought to our countries attention. It seems your state needs to focus on your own issues instead of causing issues and harassing out of state residents who were only visitors seeking medical care and you are now torturing them and their family for months on end and benefiting from their suffering financially. Then on a whim decide to extradite him back to Chicago against his will as if he has committed a crime. Should he require medical care you insist on sending him to medical facilities who have said they can’t help and even most recently refused care and yet you deny him going to the facility who said they feel they can help his rare complication. Is this making any bit of sense to anyone ?? It’s actually completely asinine. This has gone on long enough. 9 months too long and you seem to have your hands full right now , so let Isaiah Rider go. Again, he’s not living in your state, he’s an adult in his own state and he’s not your resident to be trying to control and he wants nothing to do with you! . Stop bullying this young man and his family and trying to cover up the crimes that have been committed against him! The longer this goes on the more insane and obvious it becomes to EVERYONE. Thank you for your prompt attention to this matter. – signed, concerned tax paying and law abiding citizens.

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