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UDTPA: A Case Study

Satisfactory Essays
employment relationship, which cannot form the basis for a UDTPA claim. Accordingly, dismissal of a third-party claim under the UDTPA is appropriate under Rule 12(b)(6). 7. NEGLIGENT MISREPRESENTATION IS NOT PRESENT Dr. Stout’s seventh claim seeks recovery of damages, including costs, attorneys’ fees, and punitive damages, and is pled in the alternative under the legal theory of negligent misrepresentation. Dr. Stout cannot demonstrate the existence of the elements necessary to support a claim of negligent misrepresentation and accordingly, dismissal is appropriate under Rule 12(b)(6). The Court of Appeals has explained the four elements necessary to support a claim of negligent misrepresentation as follows: It has long been held in North
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