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LARISA'S HOME CARE, LLC v. NICHOLS-SHIELDS

(CC C124865CV; SC S064120).

404 P.3d 912 (2017)

362 Or. 115

LARISA'S HOME CARE, LLC, an Oregon limited liability company, Petitioner on Review, v. Karen NICHOLS-SHIELDS, the duly appointed Personal Representative of the Estate of Isabell Prichard, Deceased, Respondent on Review.

Supreme Court of Oregon.

October 26, 2017.

Attorney(s) appearing for the Case

Ross Day, Day Law & Associates, PC, Portland, argued the cause and filed the brief for petitioner on review. Also on the brief was Matthew Swihart.

Hafez Daraee, Luby/Daraee Law Group, PC, Tigard, argued the cause and filed the brief for respondent on review.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Nakamoto, Flynn, and Duncan, Justices.

The issue presented is whether an adult foster care provider claiming unjust enrichment may recover the reasonable value of its services from a defendant who, through fraud, obtained a lower rate from the provider for the services. We conclude that, generally, a defendant who obtains discounted services as a result of fraud is unjustly...

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