judgement

2nd Circuit Rejects Deceptive Business Practices Claims Tied to PHL § 18(2)(e) Violation - 2024-02-03

Subject :

BY Supreme Today News Desk,

2nd Circuit Rejects Deceptive Business Practices Claims Tied to PHL § 18(2)(e) Violation

Key Points:

A claim under New York General Business Law § 349 or for unjust enrichment is not cognizable if the alleged deceptive act is deceptive only because it violates New York Public Health Law § 18(2)(e).
Patients failed to adequately plead a theory of harm independent from a violation of PHL § 18(2)(e) for either their GBL § 349 or unjust enrichment claims.
The district court did not err by failing to convert the McCracken defendants’ motion for judgment on the pleadings into a motion for summary judgment because it did not rely on materials outside the pleadings in resolving the motion.
The district court did not err by denying the McCracken Patients’ cross-motion for summary judgment as moot given that it properly granted defendants judgment as to both claims based on the pleadings.
The district court did not err by denying the Carter Patients leave to file a second amended complaint because the proposed amendments were futile.

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