COUNT III - UNJUST ENRICHMENT
281. Plaintiffs on behalf of themselves, their ancestors and all other descendants who are similarly situated, re-allege as if fully set forth, each and every allegation contained in the preceding paragraphs.
282. Defendants have improperly benefited from the immoral and inhumane institution of slavery in the United States.
283. Defendants have failed to account for and or return to plaintiffs and the plaintiff class the value of their ancestors' slave labor and/or the profits and benefits the defendants derived therefrom and defendants have concealed the nature and scope of their participation in the institution of slavery.
282. The actions of the defendants in relation to the enslavement of plaintiff ancestors has resulted in an impoverishment to the plaintiff and the class of persons seeking relief and their ancestors, to the unjust enrichment of the defendants.
284. Defendant's failure to pay for the labor provided by the slaves without receiving any compensation, has allowed defendants to retain a benefit at the expense of the plaintiffs' and their ancestors.
285. There is an absence of legal or moral justification for the enrichment of the defendants and the impoverishment of the plaintiffs.
285. Plaintiffs and the class of persons sought to be represented are entitled to restitution for the unjust enrichment of the defendants.
285. The defendants and their past and present stakeholders were and are still being unjustly enriched via the conversion of the slaves' work without just compensation or consideration.
285. Additionally, the former slaves and the plaintiffs named herein were deprived of their moral and legal rights to seek and secure basic education, economic independence and the utilization of the natural law of self-preservation and human dignity. Accordingly, the defendants' actions were in violation of recognized common law.
286. The defendants named herein were unjustly enriched as a result of their participation in slavery. Defendants should not be allowed to continue to benefit from their improper actions.
287. Absent equitable relief under the theory of unjust enrichment or another theory contained herein, plaintiffs will be left without remedy.
288. As a result of defendants' wrongful acts and omissions, plaintiffs and the plaintiff class have been injured and demand judgment against the defendants jointly, severally and/or in the alternative on this cause of action for, amongst other things: (a) an accounting of the slave labor monies, profits and/or benefits derived by defendants; (b) a constructive trust in the value of said monies, profits and/or benefits derived by defendants use of slave labor; (c) full restitution in the value of all monies, profits, and/or benefits derived by defendants' use of slave labor; (d) equitable disgorgement of all said monies, profits, and/or benefits derived by defendants' exploitation of slave labor; and (e) other damages in an amount in excess of the jurisdictional limits of this Court and to be determined at the trial herein, together with interest, exemplary or punitive damages, attorneys' fees and costs of this action.
