Tuesday, October 30, 2007

Consumer Protection Law - pleading - particularity

Nawrocki v. Faulkner Ciocca Ford - ED Pa. - Ocftober 29, 2007


Plaintiffs adequately pleaded their case with sufficient "heightened particularity" under the Pennsylvania Consumer Protection Law, 73 P.S. sec. 201-1 et seq., and F. R. Civ. 9(b), to withstand a Rule 12(b)(6) motion.

Tran v. Metropolitan Life Ins. Co., 408 F.3d 130, 140-1 (3d Cir. 2005), requires such a plaintiff to "make out the elements of common law fraud" -- which plaintiffs did in this case, when they "palpably alleged the necessary facts with far more particularity that the 'date, time or place" Rule 9(b) requires."