KOREA TRADE INSURANCE CORPORATION v. RAINEATER, LLC

Filing 15

ORDER denying 8 Defendant's Motion to Dismiss. Signed by Judge Cathy Bissoon on 6/19/15. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KOREA TRADE INSURANCE
CORPORATION,
Plaintiff,
v.
RAINEATER, LLC,
Defendant.

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Civil Action No. 15-84E
Judge Cathy Bissoon

ORDER
Defendant’s Motion to Dismiss (Doc. 8) will be denied. Defendant argues that Plaintiff
cannot maintain causes of action for both breach of contract and for unjust enrichment.
Def.’s Br. (Doc. 9) at 2. In federal court, however, Plaintiff is permitted to plead in the
alternative. See Indep. Enters. Inc. v. Pitt. Water & Sewer Auth., 103 F.3d 1165, 1175 (3d Cir.
1997) (citing Fed. R. Civ. P. 8(e)(2)). This rule has been extended to cases alleging contract
versus quasi-contract claims. See Sensus U.S., Inc. v. Elliott Bay Eng’g, Inc., 2011 WL
2650028, *5 (W.D. Pa. July 6, 2011) (holding same) (citations to quoted sources omitted).
Defendant’s Motion to Dismiss (Doc. 8) is without merit, and, therefore, is DENIED.
IT IS SO ORDERED.

June 19, 2015

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s\Cathy Bissoon
Cathy Bissoon
United States District Judge