Judge Joanna Seybert
Plaintiff retailers entered into agreements—governed by Ohio and Washington law—under which Merrick Bank and its codefendants would process their credit card sales transactions. Shortly after JetPay Merchant Services LLC began performing processing services on defendants’ behalf, plaintiffs began receiving customer complaints about the charges for their purchases. Plaintiffs’ consolidated action alleged breaches of contract, the duty of good faith, and fiduciary duty, as well as “unfair business practices” and negligence. The court dismissed all of plaintiffs’ claims—those for unjust enrichment under Washington and Ohio law, and for negligence and breach of the duty of good faith under Ohio law, with prejudice. By offering no opposition to defendants’ assertion that they failed to state a claim for each and every cause of action asserted, plaintiffs conceded that the complaints were inadequate. To the extent plaintiffs intend to re-allege a contract breach claim, they may not also assert claims for negligence and breach of the duty of good faith under Ohio law as such claims would be futile. Also, an unjust enrichment claim would likewise be futile under Ohio and Washington law, as the existence of a valid contract was undisputed.
