Leigh-Pink v. Rio Properties

In this case, the United States Court of Appeals for the Ninth Circuit certified to the Nevada Supreme Court the question whether, for purposes of a fraudulent concealment claim and a consumer fraud claim under NRS § 41.600, a plaintiff has suffered damages if the defendant’s fraudulent actions caused the plaintiff to purchase a product or service that the plaintiff would not otherwise have purchased, even if the product or service was not worth less than what the plaintiff paid.  Joined by several other consumer advocacy organizations, we filed an amicus brief explaining that such a plaintiff has suffered damages because the plaintiff has sustained economic loss and not received the benefit of the bargain.  The brief also explains that a negative answer to the certified question would have significant ramifications for consumers who care about whether the products they buy satisfy religious requirements, are produced in accordance with fair labor or environmental standards, were made in the United States, or would place consumers at risk of harm.