Successfully obtained an early dismissal of a Consumer Fraud claim on the pleadings for failure to state a claim. In that case, the plaintiff homeowners lost power when a tree fell during a storm and took down the power lines. As part of the work necessary to restore power, certain trees on the homeowners’ property were trimmed by the defendant company. The plaintiff homeowners took issue with the manner in which they had been trimmed and filed a lawsuit, alleging among other things, that the defendant company was liable for consumer fraud. The court granted the defendant’s motion, finding that there was no consumer transaction and therefore dismissed the consumer fraud claim.
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