Delaware Business Litigation Report

District Court Finds Consumer Lacks Standing to Bring Claim under DTPA Against Seller of Chartered Motor Yacht Services

Worldspan, L.P. v. The Ultimate Living Group, LLC, 390 F.Supp.2d 412 (D.Del., 2005). United States District Court for the District of Delaware considered a motion to dismiss a claim alleging breach of a maritime contract for a one-day charter of a motor yacht, unjust enrichment, conversion and a violation of Delaware's Deceptive Trade Practices Act ("DPTA"). Defendant moved to dismiss on the grounds that Plaintiff, as a consumer of a service, lacked standing to bring a cause of action under the DPTA. The Court concurred and applied the holding of the Delaware Supreme Court that a litigant has standing under the DPTA only when it is a competing business entity, and not merely a consumer. Defendant also moved to dismiss Plaintiff's claims for breach of contract, unjust enrichment and conversion. The court denied the motion to dismiss those claims, summarily, finding the pleading to be adequate on its face to support the claims alleged therein. The court therefore granted Defendant's motion to dismiss with regard to the DTPA claims and denied the motion with respect to the claims for breach of contract, unjust enrichment and conversion. Share