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· 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 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.