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· 4/24/2006

Albert v. Farm Bureau Insurance

Citations

  • 926 So. 2d 528
  • 2006 La. LEXIS 1357

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the words \ascertainable loss” in the CUTPA statute do not require proof of actual damages or a specific amount of loss and defining \ascertainable loss” as a \measurable loss” of money or property when a consumer receives \something other than what he bargained for”
  • requiring plaintiff to plead CUTPA claim by asserting that he purchased item as result of unfair or deceptive practice or act
  • rejecting the plaintiffs’ CUTPA claim “because nothing in the record … suggests that the defendants either affirmatively misrepresented or had a duty”
  • allowing a plaintiffs statutory fraud action to proceed — absent any defect — because “[w]henever a consumer lias received something other than what he bargained for, he has suffered a loss of money or property”
  • distinguishing between common law and statutory remedies in area of innocent misrepresentation
  • affirming summary judgment on the CUTPA claim after plaintiff failed to demonstrate ascertainable loss

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.