From the manuscript of the 2020 Supplement of LITIGATION AND PREVENTION OF INSURER BAD FAITH, which I am writing right now:
In 2019, a federal court decided the question of whether an "injury in fact" was alleged in an action involving a consumer protection statute in New York State, N.Y. General Business Law § 349. The ruling came on a motion to dismiss. The Court equated plausibility of stating a substantive claim under the New York statute with plausibility of stating a claim of concrete and particularized injury for standing purposes, at least in a case of alleged "economic injury," namely, overpaying based on the defendant's affirmative misrepresentations.1
1 See Cummings v. FCA US LLC, 401 F. Supp. 3d 288, 304, 307 (N.D.N.Y. 2019).
The 2019 Supplement on "Injury in Fact: What Happens to Bad Faith Statutes," is available courtesy of Thomson Reuters West and the author, at:
https://www.dennisjwall.com/attachments/dennis_j._wall__litigation_and_prevention_of_insurer_bad_faith
_section_3.28.50_(2019_supp.)_2.pdf
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