In a setback for the American Psychological Association and its lawyers at Wilmer Cuter Pickering Hale and Dorr, an appeals court has revived an unusual class action alleging that the APA duped psychologists into paying extra annual fees to support its lobbying wing.
The U.S. Court of Appeals for the D.C. Circuit ruled Friday that APA members can proceed with claims that they were tricked for a decade into paying a nonmandatory fee every year. A lower court judge had dismissed the case on the grounds that the plaintiffs couldn’t reasonably have relied on the APA’s statements suggesting that the fee was mandatory. But a D.C. Circuit panel helmed by Sri Srinivasan disagreed, writing that plaintiffs counsel at Tycko & Zavareei had stated a viable claim for unjust enrichment.
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