· 8/5/2008
Hunt v. United States Tobacco Co.
Citations
- 538 F.3d 217
- 2008 U.S. App. LEXIS 16547
- 2008 WL 2967249
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that Pennsylvania requires justifiable reliance for all UTPCPL claims, including the catch-all provision
- finding that a party had not adequately alleged that they justifiably relied on the defendant’s deception when they did not allege that the defendant’s deception induced them to purchase a product or engage in any other detrimental activity
- affirming dismissal of case for failure to plead facts demonstrating justifiable reliance; remanding for consideration of whether curative amendment was possible
- finding that plaintiffs do not “enjoy[] a presumption of reliance”
- “The [Pennsylvania Superior] Court recognized . . . a presumption of reliance where the defendant and plaintiffs are in a fiduciary relationship.”
- “The Supreme Court of Pennsylvania has consistently interpreted the Consumer Protection Law’s private-plaintiff standing provision’s causation requirement to demand a showing of justifiable reliance, not simply a causal connection between the misrepresentation and the harm.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Ambro, Fisher
Read full opinion on CourtListenerSourced 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.