Legal Opinion

McKinney v. State

Indiana Supreme Court

Decided March 26, 1998No. 49S02-9709-CV-483PublishedCited by 59 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

BOEHM, Justice.

The Indiana Deceptive Consumer Sales Act (the “Act”), Ind.Code §§ 24-5-0.5-1 to - 10 (1993 & Supp.1997),1 provides remedies to consumers and the attorney general for practices that the General Assembly deemed deceptive in consumer transactions. We granted transfer to consider the requirements of certain claims under the Act. We hold that intent on the part of the violator is required under the Act for “incurable” deceptive acts, but is not required for most other “deceptive acts.” We further hold that the construction contracts in this case were not…

2Cases cited12 opinions

  1. Shaw v. Digital Equipment Corp.Court of Appeals for the First Circuit · 1996
  2. Fed. Sec. L. Rep. P 99,272, 96 Cal. Daily Op. Serv. 5268, 96 Daily Journal D.A.R. 8535 in Re Stac Electronics Securities Litigation. Timothy J. Anderson Neil Singer Arthur Singer, on Behalf of Themselves and All Others Similarly Situated v. Gary W. Clow Douglas Whiting Robert Johnson Alex Brown & Sons Incorporated Lawrence FinchCourt of Appeals for the Ninth Circuit · 1996
  3. Melder v. MorrisCourt of Appeals for the Fifth Circuit · 1994
  4. Sears v. LikensCourt of Appeals for the Seventh Circuit · 1990
  5. In Re Nationsmart Corporation Securities LitigationCourt of Appeals for the Eighth Circuit · 1998

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3Cited by59 opinions

  1. Beverly Zylstra v. DRV, LLCCourt of Appeals for the Seventh Circuit · 2021
  2. Coroles v. SabeyCourt of Appeals of Utah · 2003
  3. Thunanber v. Uponor, Inc.District Court, D. Minnesota · 2012
  4. Perry v. Gulf Stream Coach, Inc.Indiana Court of Appeals · 2004
  5. Kapoor v. DybwadIndiana Court of Appeals · 2015

54 more not listed; retrieve them via the Exa API.

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