UDAP Gold: Lessons to be Learned from the Landmark Decision of Dwyer v. Ameriprise

Deceptive trade practices claims present a myriad of issues which can confound the practitioner and judges alike. This seminar is geared towards helping you to present successful arguments on why statutory additional (treble) damages should be awarded. You will learn the differences between the award of statutory additional damages and the award of common law damages. Importantly, you will also learn what to argue to the court regarding what is the extent and limitations of a trial judge’s discretion when considering whether to award statutory additional damages.

This program will focus on the recent seminal decision of the Pennsylvania Supreme Court in Dwyer v. Ameriprise. What is truly helpful about the Dwyer decision, (besides the fact that it is clearly written), is that in reaching its decision, the Pennsylvania Supreme Court analyzes various key cases from jurisdictions throughout the United States, as well as cites to helpful United States Supreme Court precedent.

All practitioners who bring deceptive trade practices claims, should find this seminar to be helpful. A basic understanding of why different types of damages are awarded is helpful, but not necessary. This seminar will provide valuable insight for attorneys with experience with deceptive trade practices claims and also attorneys new to this area. The level of presentation will cover the necessary background for having an advanced understanding of how to successfully present your statutory damages claims. It is suggested to read the Dwyer majority opinion and the concurrence in advance of the seminar.

What You Will Learn

• • What is an ascertainable loss versus actual damages?
  • What evidence is necessary to prove an ascertainable loss.
  • What are the three purposes of treble damages?
  • What evidence should be submitted and what argument should be made to establish why the court should award treble damages?
  • Does the award of common law damages preclude the award of statutory damages?
  • Is the award of statutory treble damages independent of any entitlement to common law punitive damages?

Speakers

Christina Gill Roseman, Esq. is the founding attorney of Roseman Law Firm, PLLC, where she represents consumers in the areas of dealer fraud, lemon law and breach of warranty.  Ms. Roseman has successfully tried numerous cases against vehicle manufacturers and dealerships, including a verdict in 2019 against Winnebago, a 2021 verdict against Mercedes and a 2020 verdict against Kia.  She is the Chair of the Allegheny County Bar Association Civil Litigation Section Court Rules Committee and is a member of the invitation-only Academy of Trial Lawyers of Allegheny County.  Ms. Roseman was the 2010-2012 Co-President of the Women’s Bar Association of Western Pennsylvania and the Co-Chair of the CLE Committee for the WBA from 2012 to 2017.  Ms. Roseman is the West Virginia state NACA Co-chair.  Ms. Roseman is licensed to practice in Pennsylvania, West Virginia, Ohio, Wisconsin and Michigan. Roseman Law Firm, PLLC has offices in Pittsburgh, Pennsylvania and Morgantown, West Virginia.

With over 35 years of experience as a civil litigation attorney, Ken Behrend has established himself at the top of his field, helping his clients in personal injury, consumer protection, insurance company bad faith and civil rights violations. Ken has achieved numerous appellate and supreme court landmark decisions in Pennsylvania, helping to protect consumers from insurance company deceptive and bad faith sales practices. Having won millions in settlements and verdicts for his clients, Ken has argued over 50 successful appellate decisions and recently won three emergency temporary injunctions in Federal Court and the 3rd Circuit Court of Appeals against school boards. These injunctions protect the safety and rights of medically fragile, immuno-compromised, and disabled children under the ADA. Ken established Behrend Law Group, LLC in 2017 after leaving a 30+ year partnership at Behrend and Ernsberger law firm.

Please note that live webinars are free to all NACA members. After the webinar has aired, registrants will need to purchase the webinar if they want to view it. Non-members who purchased the webinar and higher level/firm members with full access to the Training Library will have access to the webinar after it has aired.

If you have purchased the webinar, you can click here to watch it on the day of the webinar.