§4.9 C. Judicial Bar To Duplicate Recovery Under Gbl § 349
| Jurisdiction | New York |
C. Judicial Bar to Duplicate Recovery under GBL § 349
In further contrast to the Donnelly Act, GBL § 349 does not explicitly bar duplicate recovery. Nonetheless, some courts have cited the risk of duplicate recovery as a ground for dismissing indirect purchaser claims under GBL § 349.426
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Notes:
[426] . See Ho v. Visa, 16 A.D.3d 256, 793 N.Y.S.2d 8 (1st Dep’t 2005) (dismissing GBL § 349 claim where the direct purchasers had already settled in federal court); Levine v. Abbott Labs., Index No...
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- §4.0 I. Introduction
- §4.1 II. Private Enforcement Under The Donnelly Act—Select Issues
- §4.2 A. Indirect Purchasers Can Sue For Damages
- §4.3 B. Remoteness Challenge Upheld Despite Donnelly Act Amendment
- §4.4 C. Class Actions In State Court Are Barred Under The Donnelly Act
- §4.5 D. The Donnelly Act Prohibition Against Duplicate Recovery
- §4.6 III. The New York Consumer Protection Act—Gbl § 349
- §4.7 A. Remoteness Bar To Standing Under Gbl § 349
- §4.8 B. Class Actions Under Gbl § 349
- §4.9 C. Judicial Bar To Duplicate Recovery Under Gbl § 349
- §4.10 D. Gbl § 349 Claims Require Actual Deception Of Consumers
- §4.11 IV. Unjust Enrichment
- §4.12 V. The New York False Claims Act
- §4.13 A. Introduction
- §4.14 B. Qui Tam Actions For False Claims
- §4.15 C. Construction Of The Act
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