Legal Opinion
HOGLUND EX REL. JOHNSON v. Diamlerchrysler Corp.
District Court, D. Maine
Decided June 20, 2000No. Civil 99-84-P-HPublishedCited by 6 opinions
1Opinion of the Court
ORDER ON DEFENDANT’S LIMITED OBJECTION TO RECOMMENDED DECISION
HORNBY, Chief Judge.
The issue here is whether a child can sue for damages for personal injuries under Maine’s Unfair Trade Practices Act (“UTPA”), 5 M.R.S.A. § 213 (West Supp. 1999), where the product that allegedly caused the injuries because of a defect was purchased by his parents. I conclude that under the clear language of the statute and Law Court precedents, he cannot.
A. MAINE’S UNFAIR TRADE PRACTICES ACT
By its language, the UTPA limits the availability of a private cause of action to “[a]ny person who purchases or leases…
2Cases cited7 opinions
- Gladys G. Holloway v. Bristol-Myers CorporationCourt of Appeals for the D.C. Circuit · 1973
- Dodd v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1977
- Kennedy v. SaleTexas Supreme Court · 1985
- Maillet v. ATF-Davidson Co.Massachusetts Supreme Judicial Court · 1990
- Wellborn v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Anderson v. Hannaford Bros. Co.Court of Appeals for the First Circuit · 2011
- Bellwether Cmty. Credit Union v. Chipotle Mexican Grill, Inc.District Court, D. Colorado · 2018
- United States v. ManzoDistrict Court, D. New Jersey · 2001
- In Re Hannaford Bros. Co. Customer Data Security Breach LitigationDistrict Court, D. Maine · 2009
- Benjamin Webber, et al. v. Finance Authority of Maine, et al.District Court, D. Maine · 2026
1 more not listed; retrieve them via the Exa API.