http://www.morelaw.com Consumer Fraud Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1-09-0094&s=IL&d=41845 Plaintiff Vartika Dubey filed suit against Public Storage, Inc., Metropublic Storage Fund, and PS Illinois Trust (collectively Metropublic or defendant) to recover damages she incurred arising out of the loss of her personal property from a storage unit. Dubey claimed that such loss was the result of an alleged breach of contract, a conversion, and a violation of the Illinois Consumer Sat, 31 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=CJ-2007-4091&s=OK&d=41872 Jennifer Weiser and Errick Weiser sued Wells Fargo Auto Finance on a consumer fraud theory. The claims made and defenses asserted are not available. Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1-06-2428%20and%201-06-2968&s=IL&d=41710 Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=0:06-cv-00545-ADM-FLN&s=MN&d=41658 Linda Mooney and others sued Allianz Life Insurance Company of North America on a consumer fraud theory claiming that Defendant used deceptive practices to sell her and others two-tiered annuity products.Defendant denied wrongdoing in general and denied that Plaintiffs had sustained any economic damage. Wed, 14 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20VT%2090&s=VT&d=41454 Plaintiff appeals from a superior court order granting summary judgment to defendant Michael Cline on plaintiffs claims that he is not personally liable to her for acts of discrimination and retaliation under the Vermont Fair Employment Practices Act (VFEPA) and the Workers Compensation Act (WCA). The central issues on appeal are whether the acts provide a right of action against a coemploy Fri, 25 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=14,%202009&s=DE&d=41214 This 28th day of August 2009, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that:1. Trisha and Robert Lamourine appeal from a Superior Court judgment denying their motion for pre-judgment interest and reducing their attorneys fees award in connection with their revocation of the purchase of a defective automobile. The Lamourines entered int Fri, 28 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1-08-0843&s=IL&d=40654 This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging.Plaintiff Federal Insurance Co. (Federal) filed a declaratory judgment action against defendant Binney & Smith, Inc. (Binney), seeking a declaration that it did not owe a duty to defend or indemnify defendant in connection with a class action laws Wed, 15 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=04-L-502&s=IL&d=40653 The defendants, Allied Home Mortgage Corp. and Allied Home Mortgage Capital Corp., filed this interlocutory appeal, pursuant to Supreme Court Rule 307(a)(1) (188 Ill. 2d R. 307(a)(1)), from the order of the circuit court of St. Clair County denying their motion to compel arbitration and stay the judicial proceedings in this class action lawsuit filed by the plaintiff, Rosemary Keefe. We reverse an Wed, 15 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2--08--0865&s=IL&d=40679 This interlocutory appeal, brought pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308), involves two certified questions that are based on Guillen v. Potomac Insurance Co. of Illinois, 203 Ill. 2d 141 (2003). First, is a liability insurer that has breached its duty to defend an underlying lawsuit and is estopped from raising any coverage defense also collaterally estopped from challenging the Mon, 13 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SJC-10259&s=MA&d=40540 We decide in this case whether a statutory right to participate in class action lawsuits can permissibly be foreclosed by a provision in a consumer contract compelling individual arbitration. The plaintiffs, John A. Feeney and Dedham Health and Athletic Complex (Dedham Health), appeal from an order of a judge in the Superior Court compelling arbitration of their claims--brought as a putative class Thu, 2 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD68586%20CONSOLIDATED%20WITH%20WD68610&s=MO&d=39933 The case at bar is a class action suit by auto insurance policyholders for breach of contract against their insurance company. Nicholas Smith and Amy and Bryce Johnson, on behalf of themselves and a class of Missouri plaintiffs (collectively Plaintiffs or Class), appeal the trial courts grant of defendant American Family Mutual Insurance Companys (American Family) motion fo Tue, 5 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=a-113-07&s=NJ&d=39655 We are called upon in this matter to interpret the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, which provides in relevant part that:If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such real prope Thu, 9 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=a-26-08&s=NJ&d=39656 The Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, represents a legislative broadside against unsavory commercial practices. In this appeal, where an out-of-state consumer purchased a used automobile from an in-state seller via the internet, we are called on to determine whether the CFA's reach extends far enough to grasp that transaction. The trial court determined that the in-state seller's a Wed, 8 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=103474&s=IL&d=39475 In 2003, following a jury trial, the circuit court of Cook County entered judgment in favor of plaintiff Terry Ready in a wrongful-death action stemming from the death of her husband, Michael, in a workplace accident. The appellate court affirmed in part and reversed in part and remanded for a new trial, directing that fault for the accident be reapportioned. 367 Ill. App. 3d 272. We allowed plain Mon, 23 Mar 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2921&s=NJ&d=39391 This matter came before the United States Court of Appeals for the Third Circuit on appeal from a final judgment of the United States District Court for the District of New Jersey. Appellant brought a class action and Appellees filed a motion to compel arbitration based upon an agreement between the parties. The District Court treated the motion to compel as a motion to dismiss under Federal Rule Thu, 19 Mar 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-56278&s=CA&d=39385 This case presents the question of whether the notice requirements of the Truth in Lending Act (TILA), 15 U.S.C. 1601-1615 and Regulation Z, 12 C.F.R. 226, as interpreted by the Federal Reserve Boards Official Staff Commentary, apply to discretionary interest rate increases that occur because of consumer default. We hold that Regulation Z requires a creditor to provide contemporan Thu, 19 Mar 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20VT%209&s=VT&d=39332 1. DOOLEY, J. This is an action by clients (hereinafter plaintiffs) against a lawyer who misappropriated funds belonging to the clients. The complaint sought the funds, additional compensatory damages, and punitive damages on multiple theories. The lawyer failed to answer the complaint, and the superior court entered a default judgment in favor of plaintiffs. Thereafter, the co Fri, 30 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20VT%2011%20&s=VT&d=38810 1. Defendants Paul Florindo and Susan Morency appeal from a jury verdict and judgment against them for common-law fraud and violations of Vermonts Consumer Fraud Act in connection with their sale of a bed and breakfast business. Both defendants claim that the evidence did not support the verdict, that the jury instructions regarding common law and consumer fraud were plainly erroneous, and Mon, 26 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=a2401-07&s=NJ&d=38840 Defendants appeal from various orders which resulted in judgment being entered for plaintiffs. After reviewing the record in light of the contentions advanced on appeal, we affirm.The parties signed a contract under which defendants agreed to purchase plaintiffs' home in West Orange. The contract called for a closing to take place in August 2001, but that date was moved forward to June 12, 2001. P Wed, 21 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=a2835-07&s=NJ&d=38841 Plaintiff Multiverse, Inc. (Band) appeals from a judgment in favor of Ren Scarab as Just Rock PR (Scarab), the United States Publicity Director for Just Rock PR, an entity that books tours and provides publicity for rock bands in the United States, Europe and Japan.In December 2005, the Band contracted with Scarab to book twelve shows during July 2006 and to provide publicity services in order to Tue, 20 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=103474&s=IL&d=38229 In 2003, following a jury trial, the circuit court of Cook County entered judgment in favor of plaintiff Terry Ready in a wrongful-death action stemming from the death of her husband, Michael, in a workplace accident. The appellate court affirmed in part and reversed in part and remanded for a new trial, directing that fault for the accident be reapportioned. 367 Ill. App. 3d 272. We allowed plain Tue, 25 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=04-CH-7119&s=IL&d=38008 Plaintiffs Walter Solon and Cynthia Zaletel, on behalf of themselves and a class of others similarly situated, brought this action against defendant Midwest Medical Records Association (MMRA) seeking, inter alia, damages incurred as a result of defendants allegedly deceptive and illegal practice of overcharging patients for requested copies of medical records. Defendant moved to strike that por Tue, 18 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1-07-0755&s=IL&d=38007 Traci Hanson-Suminski (plaintiff) brought an action to recover damages arising from alleged misrepresentations by Rohrman Midwest Motors, Inc., doing business as Arlington Acura in Palatine (defendant). Following a jury trial, defendant was found guilty of common law fraud, and following a bench trial, judgment was entered in favor of plaintiff under the Consumer Fraud and Deceptive Business Pract Fri, 7 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008%20VT%20131&s=VT&d=37842 1. Homeowners Steve Krolick and Lisa Stickney appeal an order of the Windsor Superior Court awarding plaintiff contractor, Vermont Built, Inc., attorneys fees and prejudgment interest as an addition to an arbitrators award of consequential damages for breach of a house-construction contract. On appeal, homeowners contend that: (1) the trial courts modification of the arbitrators d Fri, 31 Oct 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=M:05-cv-01699-CRB&s=CA&d=37622 Thirty-three states and thousands of individual plaintiffs sued Pfizer, Inc. on products liability and consumer fraud theories claiming that Pfizer continued to sell its Celebrex arthritis and Bextra painkiller drugs despite the fact that it knew and did not disclose that the drugs increased the risk of heart attacks.Bextra and Celebrex belong to the same class of painkillers as Merck & Co Inc's Fri, 17 Oct 2008 00:00:00 CST