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Commonwealth v. Tap Pharm. Prods., Inc.
OPINION TEXT STARTS HERE
Donald E. Haviland, Jr., Philadelphia, and William O. Crutchlow, Edison, NJ, for plaintiff.
Allen S. Loney, Jr., Philadelphia, Steven M. Edwards, New York, NY, and Michael C. Moore, Dallas, TX, for defendant Bristol–Myers Squibb.
Jack Mentzer Stover, Harrisburg, for defendants Bristol–Myers Squibb and Johnson & Johnson.BEFORE: LEADBETTER, President Judge, and SIMPSON, Judge (P), and FEUDALE, Senior Judge.
OPINION re POST–TRIAL MOTIONS of the COMMONWEALTH of PENNSYLVANIA and BRISTOL–MYERS SQUIBB COMPANY
5 cases
Pennsylvania v. Navient Corp.
"...may consider whether the offending conduct is likely to reoccur absent the grant of an injunction. Commonwealth v. TAP Pharm. Products, Inc. , 36 A.3d 1197, 1238-43 (Pa. Commw. Ct. 2011) (also noting that the CPL is modeled on the FTC Act), vacated on other grounds , 626 Pa. 1, 94 A.3d 350 ..."
Wash. Cnty. Bd. of Educ. v. Mallinckrodt Ard, Inc.
"...2007), aff'd , 582 F.3d 156 (1st Cir. 2009) ; Watson Labs., Inc. v. State , 241 So. 3d 573, 578 (Miss. 2018) ; Com. v. TAP Pharm. Prod., Inc. , 36 A.3d 1197 (Pa. Commw. Ct. 2011), vacated on other grounds , 626 Pa. 1, 94 A.3d 350 (2014) ; State v. Abbott Labs. , 341 Wis.2d 510, 816 N.W.2d 1..."
Gregg v. Ameriprise Fin., Inc.
"...in order to succeed on their CPL claim. Gregg v. Ameriprise Fin., 195 A.3d 930, 936 (Pa. Super. 2018). Applying Commonwealth v. TAP Pharm. Products, Inc. , 36 A.3d 1197 (Pa. Cmwlth. 2011), rev'd on other grounds , 626 Pa. 1, 94 A.3d 350 (2014), the Superior Court held that the test for dece..."
Fazio v. Guardian Life Ins. Co. of Am.
"...Court's continued interpretation of Section 201–2(4)(xxi) as requiring proof of common law fraud). See also Commonwealth v. TAP Pharmaceutical Products, Inc., 36 A.3d 1197 (Pa.Cmwlth.2011) (stating Commonwealth Court has adopted “deceptive” standard under post-amendment catchall section of ..."
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Two Opinions Broaden the Scope of Liability and Strip Defenses Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
"...award of treble damages would be consistent with, and in furtherance of, the remedial purposes of the UTPCPL.”). [15] Com. v. TAP Pharm. Products, Inc., 36 A.3d 1197, 1255 (Pa. Cmwlth. 2011) (“in an action in the public interest under the catchall provision of the CPL, either there is no re..."
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5 cases
Pennsylvania v. Navient Corp.
"...may consider whether the offending conduct is likely to reoccur absent the grant of an injunction. Commonwealth v. TAP Pharm. Products, Inc. , 36 A.3d 1197, 1238-43 (Pa. Commw. Ct. 2011) (also noting that the CPL is modeled on the FTC Act), vacated on other grounds , 626 Pa. 1, 94 A.3d 350 ..."
Wash. Cnty. Bd. of Educ. v. Mallinckrodt Ard, Inc.
"...2007), aff'd , 582 F.3d 156 (1st Cir. 2009) ; Watson Labs., Inc. v. State , 241 So. 3d 573, 578 (Miss. 2018) ; Com. v. TAP Pharm. Prod., Inc. , 36 A.3d 1197 (Pa. Commw. Ct. 2011), vacated on other grounds , 626 Pa. 1, 94 A.3d 350 (2014) ; State v. Abbott Labs. , 341 Wis.2d 510, 816 N.W.2d 1..."
Gregg v. Ameriprise Fin., Inc.
"...in order to succeed on their CPL claim. Gregg v. Ameriprise Fin., 195 A.3d 930, 936 (Pa. Super. 2018). Applying Commonwealth v. TAP Pharm. Products, Inc. , 36 A.3d 1197 (Pa. Cmwlth. 2011), rev'd on other grounds , 626 Pa. 1, 94 A.3d 350 (2014), the Superior Court held that the test for dece..."
Fazio v. Guardian Life Ins. Co. of Am.
"...Court's continued interpretation of Section 201–2(4)(xxi) as requiring proof of common law fraud). See also Commonwealth v. TAP Pharmaceutical Products, Inc., 36 A.3d 1197 (Pa.Cmwlth.2011) (stating Commonwealth Court has adopted “deceptive” standard under post-amendment catchall section of ..."
Try vLex and Vincent AI for free
Start a free trialStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
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Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
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Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
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Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
1 firm's commentaries
Two Opinions Broaden the Scope of Liability and Strip Defenses Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
"...award of treble damages would be consistent with, and in furtherance of, the remedial purposes of the UTPCPL.”). [15] Com. v. TAP Pharm. Products, Inc., 36 A.3d 1197, 1255 (Pa. Cmwlth. 2011) (“in an action in the public interest under the catchall provision of the CPL, either there is no re..."