(Download) "Deanne Penrod v. Nu Creation Creme" by Court of Appeals of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: Deanne Penrod v. Nu Creation Creme
- Author : Court of Appeals of Utah
- Release Date : January 02, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In March 1981, plaintiffs in this action filed a complaint against the same defendants in the United States District Court for the District of Utah. The first claim for relief alleged was based on section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1) (1976) (hereinafter "FTCA"), and the Federal Trade Commissions disclosure requirements concerning franchise and business opportunity ventures, 16 C.F.R. §Â§ 436.1 et seq. (1982). In addition, the complaint alleged four fraud claims founded on state law. On a motion to dismiss, the federal court held that the FTCA and FTCs regulations create no private right of action and dismissed the claim. Because there were no other claims founded on federal question jurisdiction, see 28 U.S.C. § 1331 (Supp. V 1981), and the state fraud claims were not therefore pendent to a valid federal claim, and because the federal court had no jurisdiction over the state claims based on diversity of citizenship, the court also dismissed the state claims for lack of jurisdiction.