Category Archives: General Litigation

Remember: Ascertainable Loss Needed for NJ Consumer Fraud Act Claim

Last week, the Appellate Division upheld the dismissal of a claim under the New Jersey Consumer Fraud Act (CFA) for failure to state a claim upon which relief can be granted.  In Schroeck v. Knight Mgmt. Ins. Servs., the Appellate Court affirmed Judge Willis Currier’s determination that the plaintiff had not suffered an ascertainable loss, as is required by the CFA, and thus could not pursue a CFA claim. This case arose in the context of a motor vehicle purchase.  The plaintiff purchased a…

Continue Reading....

Hedonic Damages Expert Not Worth Plaintiff’s Money

A recent Hudson County Superior Court decision affirmed a prior New Jersey rulings that an expert testifying to hedonic damages should be barred.  In Johnson v. Redd, the plaintiffs sought to introduce expert testimony from Stanley V. Smith, Ph.D., to support their claims for loss of the pleasure of life ( i.e., hedonic damages).  The defendants filed a motion in limine to bar the testimony, arguing that it was not proper under New Jersey law. The court held an admissibility hearing and reviewed not…

Continue Reading....

Attorney-Fee Provision in Pre-Printed Form Contracts Runs Afoul of NJ Consumer Fraud Act

The New Jersey Supreme Court recently issued an opinion addressing whether the inclusion of attorneys’ fees provisions in pre-printed, form contracts can form the basis for a claim under the New Jersey Consumer Fraud Act.  According to the Court, the answer to this is yes.  The case, Green v. Morgan Props., 2013 N.J. Lexis 848 (Sept. 17, 2013), involved a group of tenants that filed suit again their landlord and the landlord’s in-house counsel for alleged violations of the Anti-Eviction Act (AEA), the Consumer Fraud…

Continue Reading....

No Texting to Someone Who Is Driving

This week, a panel of the New Jersey Appellate Division made national news by recognizing the potential liability for someone who sends a text to a driver who reads the text and is then involved in an accident.  This decision predictably resulted in a significant amount of commentary, including from our colleague Sean Stadelman.  A copy of Sean’s discussion, originally published on the Goldberg Segalla risk mitigation blog, Risky Business, is here. While not squarely within the areas of product liability or consumer…

Continue Reading....