United States Fifth Circuit

A plaintiff may not assert a claim acquired by assignment, under the Texas Deceptive Trade Practices Act, where the assignor has assets of greater than $25 million, and is thus a non-consumer under the Act; summary judgment was proper on fraud claims where plaintiff failed to verify or substantiate an otherwise-unsupported allegation of expenditure.

Appellate Information

• Decided 05/28/2002
• Published 05/28/2002

Judges

• ROBERT M. PARKER, Circuit Judge:, Before KING, Chief Judge, and SMITH and PARKER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John R. Leach, III,Ernest Marc Palla, Anthony Edward Farah (argued), O'Quinn, Laminack & Pirtle, Houston, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Gary Ewell (argued), William J. Cobb, III, Lisa Erin Bowlin, Vinson & Elkins, Austin, TX, for Defendant-Appellee.