The Supreme Court announced that it has granted leave to appeal in one case and certification in another. Both cases doubtless will be closely watched. The Court granted leave to appeal in Pisack v. B&C Towing, Inc., a class action ...
Wright v. Bank of America, N.A., 456 N.J. Super. 328 (App. Div. 2018). This short opinion by Judge Fisher reversed a decision of the Law Division that dismissed plaintiff’s Complaint under the Truth in Consumer Contract, Warranty, and Notice Act, ...
The Supreme Court has granted certification in two new cases. The first is yet another matter involving whether and when consumer disputes can be forced into arbitration. That case (actually, two consolidated cases) is Goffe v. Foulke Management Corp. The ...
Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq. (“Towing Act”), the Consumer Fraud Act, N.J.S.A. 56:8-1 ...
The Supreme Court announced that it has granted review in All the Way Towing, LLC v. Bucks County International, Inc. The question presented on this appeal, as phrased by the Supreme Court Clerk’s Office, is “Does the Consumer Fraud Act (CFA), ...
This past Monday, I argued two appeals in the Supreme Court of New Jersey. They were the Accutane matters discussed and . In the period leading up to those arguments, and the days following, the courts continued to issue opinions. ...
Spade v. Select Comfort Corp., 232 N.J. 504 (2018). [Disclosure: My partner Susana Cruz Hodge and I submitted an amicus curiae brief in support of the plaintiffs in this case, on behalf of the Consumers League of New Jersey]. This ...
Gonzalez v. Owens Corning, 885 F.3d 186 (3d Cir. 2018). This putative class action case, brought by consumers in four states, asserted that “Oakridge” roof shingles sold by defendants (“Owens Corning”) were defective, and that defendants misrepresented the shingles’ useful ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
The Supreme Court announced that it will take up two more matters. One is a certified question from the Third Circuit Court of Appeals in a consumer protection context, specifically, the sale of Super Bowl tickets (with the next Super ...