Rathgeber v. James Hemenway, Inc.

How courts have described this case

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

• observing that pleadings in that case alleged “essentially a claim for real estate professional malpractice” and referencing the Georgetown Realty footnote
• holding that real estate agent could not rely on O.R.S. 646.612(1) to avoid OUTPA liability because “[n]o statute required [real estate agent] to breach his fiduciary duty to plaintiffs or to act in any manner that was inconsistent with that duty.”
• declining to address the issue of whether actual damages under the UTPA includes emotional distress damages
• “[A] private party who seeks to recover damages for a UTPA violation must plead and prove a ‘willful’ violation of the statute by the defendant.”
• “An actionable representation under the UTPA may be express or implied.”
• “An actionable representation under the UTPA may be express or implied.”

Source: CourtListener parenthetical corpus (CC0).