Articles

PA Superior Court Affirms Summary Judgment for Automobile Dealer’s Alleged Breach of UTPCPL

by Carl D. Buchholz, III

On October 7, 2016, the Pennsylvania Superior Court issued an unanimous decision affirming the trial court’s entry of summary judgment in favor of Sussman Automotive on the ground that plaintiff’s cause of action for Sussman Automotive’s alleged breach of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law required proof of justifiable reliance.  The Superior Court rejected plaintiff’s argument that the UTPCPL’s “catch all” provision only required proof of deceptive advertising and did not require proof of justifiable reliance.

Kirwin v. Sussman Automotive, Pa. Super. Ct., No. 2628 EDA 2015

For more information, please contact Carl D. Buchholz, III, at cbuchholz@rawle.com