Articles Posted in Antitrust & Trade Regulation

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Petitioner filed a complaint against Respondent for unfair and deceptive trade practices and for common law fraud. Petitioner's complaint was based on an automobile warranty he purchased from Respondent that expired more than two years earlier than he had been led to believe. Petitioner purported to bring his action on behalf of others similarly situated. Before Petitioner filed a motion to certify the class, however, Respondent paid to extend Petitioner's warranty. The circuit court (1) denied Petitioner's motion for class certification, finding that because he had been made whole, Petitioner was no longer a member of any class; (2) granted in part Respondent's motion for summary judgment, finding Petitioner's claim moot; and (3) granted Petitioner attorney's fees for the period before and after Respondent tendered Petitioner individual relief. The Court of Appeals affirmed in part and reversed in part, holding (1) Respondent's tender of individual compensatory relief to Petitioner did not require the court to deny class certification; (2) an award of punitive damages is not foreclosed by the tender of individual compensatory damages; and (3) an award of attorney's fees to Petitioner under a fee-shifting provision of the Consumer Protection Act is not limited to fees incurred before the tender. View "Frazier v. Castle Ford, Ltd." on Justia Law

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While employed with Alpharma, a pharmaceutical company, Debra Parks was involved in marketing a prescription drug known as Kadian. Parks filed a complaint in circuit court for wrongful termination in violation of public policy, claiming that Alpharma was involved in illegal marketing activities and that after Parks had raised her concerns with various people at Alpharma, Alpharma retaliated against her by terminating her employment. The circuit court dismissed the complaint for failure to state a claim upon which relief can be granted. While Parks' appeal was pending in the intermediate appellate court, the Court of Appeals granted certiorari on its own initiative. The Court affirmed the ruling of the circuit court on the basis that Parks failed to identify any clear mandate of public policy allegedly violated by Alpharma and allegedly reported by her that would constitute some of the required elements of a wrongful discharge claim. View "Parks v. Alpharma" on Justia Law