Gupta v. Asha Enterprises, LLC, 422 N.J. Super. 136 (App. Div. 2011). Many religious believers have dietary restrictions. When they purchase food that is represented as being acceptable under those dietary laws, they expect that those representations are true. But ...
Rules 2:12A-1 et seq. provide a procedure under which the Third Circuit Court of Appeals can certify a question of law to the Supreme Court of New Jersey “if the answer may be determinative of an issue in litigation pending ...
Allen v. V and A Bros., Inc.., 208 N.J. 114 (2011). The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), makes liable any “person” who violates the CFA. In this case, a unanimous Supreme Court, speaking through Justice Hoens, held ...
Murnane v. Finch Landscaping, LLC, 420 N.J. Super. 331 (App. Div. 2011). Does the fact that a homeowner acts as his own general contractor in dealing with multiple contractors on a home improvement job mean that the homeowner cannot sue ...
Frumer v. Nat’l Home Ins. Co., 420 N.J. Super. 7 (App. Div. 2011). This short opinion by Judge Simonelli, which involved claims under a new home warranty, reverses a lower court’s refusal to compel arbitration despite the seemingly plain language of an arbitration ...
AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011). From the same people who brought us the outrageous 5-4 decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), comes another 5-4 ruling that similarly permits corporate ...
RAB Performance Recoveries, LLC v. George, 419 N.J. Super. 81 (App. Div. 2011), and Cowger v. Cherry Hill Mitsubishi, Inc., 2011 WL 848133 (App. Div. March 14, 2011). The Appellate Division recently made two pro-consumer decisions. In RAB, a published opinion written by Judge Reisner, ...
For years after the adoption of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), it was unclear whether a violation of a regulation promulgated under the authority of the CFA gave rise to liability in the absence ...
Investors Savings Bank v. Waldo Jersey City LLP, 418 N.J. Super. 149 (App. Div. 2011). A loan agreement provided that all documents relating to the loan were legal, valid, binding and enforceable, and “free from any right of setoff, counterclaim or other defense.” Plaintiff, ...
The Supreme Court of New Jersey has granted certification to review that portion of the decision in Walker v. Giuffre, 415 N.J. Super. 597 (App. Div. 2010), that involved an enhancement of the fees of the plaintiff’s counsel under the ...