Hartford Accident & Indemnity Co. v. Wesolowski

How courts have described this case

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

• dismissing fraud claims because plaintiffs “impermissibly set up the deception as both act and injury,” and therefore “failed to allege a cognizable injury”
• affirming dismissal of § 349 claim for failure to establish actual damages
• finding plaintiffs failed to allege injury where they did not allege that “the cost of the beverages was inflated by these misrepresentations or that their health was adversely affected by drinking the beverages”
• “deception as both act and injury ... [is] a theory specifically rejected by our courts”
• allegation that deceptive labels caused plaintiffs to purchase beverages, without more, was not sufficient to allege actual harm
• “The claim for breach of implied warranty was also properly dismissed on the ground that these merchantable beverages caused no ill effects and were fit for their intended purpose, namely, liquid refreshment.”

Source: CourtListener parenthetical corpus (CC0).