Justia Consumer Law Opinion Summaries

In this interlocutory appeal, the Supreme Court considered an order of the superior court which denied Defendant Empire Automotive Group, Inc.'s motion to dismiss two indictments charging with with felony violations of the state Consumer Protection Act (CPA). Defendant was indicted by the grand jury on two counts of violating the CPA by allegedly placing inspection stickers (indicative of having passed inspection) on two automobiles sold to consumers under installment sales contracts when Defendant knew the vehicles had not passed the on-board diagnostic emissions tests required by the New Hampshire Division of Motor Vehicles. Defendant moved to dismiss on the grounds that its conduct was exempt from the CPA and subject to the exclusive jurisdiction of the banking department, and that the department of justice which initiated the criminal proceedings, lacked authority to do so. Finding that the "trade or commerce" involved in this case involved the sale of motor vehicles and clearly brought Defendant's actions well within the scope of the CPA, the Supreme Court held that the trial record reflected substantial evidence to support Defendant's conviction. View "New Hampshire v. Empire Automotive Group, Inc." on Justia Law

"Homes by George," run by Adelaide and Rick George, developed residential real estate known as "Esther's Estates" in Newton. Homes by George entered into a written contract with Defendant Al Hoyt & Sons, Inc., in which Defendant agreed to perform certain work in connection with the development. Defendant was paid but did not complete the work. Plaintiffs alleged breach of contract and claimed that Defendant violated the State Consumer Protection Act (CPA). Defendant counter-claimed that Plaintiff failed to pay amounts due in accordance with the contract. The trial court bifurcated the proceedings to allow a jury to first determine liability claims. A second trial was held on the contract claims. Plaintiffs won on all liability claims in the first trial, and received damages on its breach of contract and CPA claims at the second. Both parties appealed to the Supreme Court. Plaintiffs challenged the amounts of damages they were awarded by the trial court. Defendant argued that the trial court erred in its finding of violations under the CPA, and in its damages awarded to Plaintiffs. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court affirmed part and reversed part of the lower court's decision. The Supreme Court found that the grant of damages was appropriate in light of the terms of the contract, the state case law, and the evidence presented at trial. However, the Court questioned how the trial court arrived at the amount of damages. The Court remanded the case back to the trial court for further proceedings on its damages award to Plaintiffs. The Court affirmed the trial court in all other aspects of its decision.