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New York Resident and Corporation Sue U.S. Green Building Council over Allegations of Unfair Business Practices and Deceptive Marketing

By Vincent J. Mangini

On or about October 8, 2010, Henry Gifford and Gifford Fuel Savings, Inc. (collectively, 'Gifford'), filed a lawsuit in the Southern District of New York against the U.S. Green Building Council ('USGBC'), individually and on behalf of all other similarly situated persons alleging, among other things, that USGBC's Leadership in Energy and Environmental Design (LEED) rating systems are not based on objective criteria and that USGBC has mislead the public as to the efficacy of these protocols in achieving energy efficient buildings to their detriment.  In this regard, the Gifford complaint contains five separate counts, including causes of actions arising under three federal statutes, namely, the Sherman Anti-Trust Act, the Lanham Act and the Racketeer Influenced Corrupt Organizations Act, causes of action arising under the New York State General Business Law and one common law cause of action arising under the doctrine of unjust enrichment.  A complete copy of the Gifford complaint may be found on Westlaw at 2010 WL 4087620.

Full post as published by New Jersey Law Blog on November 19, 2010 (boomark / email).