United States First Circuit

In a dispute involving the fraudulent use of financial information, district court's judgment is affirmed in part where: 1) the court did not err in refusing to dismiss plaintiff's negligent misrepresentation claims as it was adequately alleged under rule 12(b)(6); 2) court did not err in dismissing plaintiff's negligence claim as there was no personal injury or property damage; 3) breach of contract claim properly failed as plaintiff's were not parties to the contracts and not third party beneficiaries; and 4) court properly denied class certification. Order is vacated in part where the court erred in dismissing plaintiff's claim under Mass. Gen. Laws ch. 93A as the allegations are sufficient for the claim to go forward based on the unfairness theory.

Appellate Information

• Decided 03/30/2009
• Published 03/30/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Douglas H. Meal with whom Richard D. Batchelder, Jr. and Ropes & Gray LLP were on brief for TJX Companies, Inc., W. Breck Weigel with whom Robert N. Webner, Vorys, Sater, Seymour and Pease LLP, James R. Carroll, Nicholas I. Leitzes and Skadden, Arps, Slate, Meagher & Flom LLP were on brief for Fifth Third Bank and Fifth Third Bancorp., Joe R. Whatley, Jr. with whom Patrick J. Sheehan, Whatley Drake & Kallas, LLC, Archie C. Lamb, Jr., F. Inge Johnstone and The Lamb Firm, LLC were on brief for AmeriFirst Bank and SELCO Community Credit Union.