A preponderance of the evidence standard can be applied to a statutory claim under the Unfair Trade Practices and Consumer Protection Law, rather than a clear and convincing evidence burden of proof, the Superior Court has ruled in a matter of first impression.
The court said in a May 19 decision that an Allegheny County judge used the proper standard in awarding damages to plaintiffs Robert and Beverly Boehm. A three-judge panel said collateral estoppel did not apply, even though a jury found in favor of the defense when using the clear and convincing standard in a related common-law fraud claim.
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