• Good Decision? Depends Who You Ask State Consumer Fraud Litigation Likely Increasing
  • March 5, 2009 | Authors: Dwight J. Davis; Stephen B. Devereaux
  • Law Firm: King & Spalding LLP - Atlanta Office
  • On December 15, 2008, the United States Supreme Court decided Altria Group, Inc. v. Good. The Good decision, though ostensibly deciding the preemptive effect of a federal advertising law targeted at the tobacco industry, may have a far wider effect on the viability of state consumer fraud claims affecting many other industries. Because of Good, businesses across all industries may see an increase in state consumer fraud litigation and an increase in the use of the economic loss theory of damages as a means of avoiding individual issues in the class certification process.