· 1/13/2003
Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc.
Citations
- 62 P.3d 142
- 2003 WL 122378
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “a large company is generally more sophisticated than individual consumers”
- noting the deceptive trade practice requirement can be met by showing the “false representation had the capacity or tendency to deceive, even if it did not”(emphasis added)
- finding no significant public impact, in part because the claim was more akin to a private breach of contract, and “Snyder was represented by counsel in negotiations with Rhino and Schaefer 33 was relatively sophisticated in his education and knowledge of the business”
- “[I]f a wrong is private in nature, and does not affect the public, a claim is not actionable under the CCPA.”
- “Three affected dealers out of approximately 550 worldwide does not significantly affect the public . . . .”
- Count X - Private cause of action under the CCPA requires that Plaintiffs allege: (1) that [MIC] engaged in an unfair or deceptive trade practice; (2) that the challenged practice occurred in the course of [MIC’s] business, vocation, or occupation; (3
Source: CourtListener parenthetical corpus (CC0).
Judges: Bender
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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