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· 10/19/2004

Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris USA Inc.

Citations

  • 818 N.E.2d 1140
  • 3 N.Y.3d 200
  • 785 N.Y.S.2d 399
  • 2004 N.Y. LEXIS 2440

How courts have described this case

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

  • explaining that “an insurer or other third-party payer of medical expenditures may not recover derivatively for injuries suffered by its insured”
  • noting that “limit[ing] the scope of section 349 to only consumers” would be “in contravention of the statute’s plain language permitting recovery by any person injured ‘by reason of’ any violation”
  • dismissing Section 349 claim because “the losses [plaintiff] experienced arose wholly as a result of” injuries suffered by others
  • holding “that a third-party payer has no standing to bring an action under [GBL section] 349 because its claims are too remote” and “that what is required [under section 349] is that the party actually injured be the one to bring suit”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ciparick

Read full opinion on CourtListener

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.