· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.