Qwest Communications Corp. v. Free Conferencing Corp., No. 17-3724 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial, on remand, of Qwest's unjust enrichment claim against FC. The court held that the district court did not abuse its discretion by concluding that it would not be inequitable for FC to retain the benefit conferred by Qwest. In this case, the district court explained that FC earned the benefit conferred by Qwest because it provided conference-calling services, 24-hour customer support, and access to a website in exchange for two cents per minute for calls placed to FC's conferencing bridges at Sancom. Furthermore, Qwest paid its own conference-calling vendor between two and four-and-a-half cents per minute.
Court Description: Shepherd, Author, with Kelly and Stras, Circuit Judges] Civil case - Equity. For the court's prior opinion remanding the matter for reconsideration of Qwest's unjust-enrichment claim, see Qwest Communications Corp v. Free Conferencing Corp., 837 F.3d 889 (8th Cir. 2016). On remand, the district court again denied Qwest's claim. Held: the district court did not abuse its discretion in determining that while Qwest conferred a benefit Free Conferencing accepted, it was not inequitable for Free Conferencing to retain the benefit without paying Qwest as it had earned the benefit by providing service to Qwest. Judge Kelly, dissenting.
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