Tag Archives: New Jersey Supreme Court

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The Surge of “TCCWNA” Class Actions in New Jersey

Until recently, the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (TCCWNA or the Act) was a relatively obscure consumer protection statute that sat dormant on New Jersey’s books for almost three decades. That all changed when a series of cases opened the floodgates to consumer class action litigation. In April, the New Jersey Civil Justice Institute issued a staggering prediction that the wave of TCCWNA lawsuits against retailers and other defendants could double in size over the next two years. Building Up TCCWNA The…

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The NJ Supreme Court Reminds Litigators How to Properly Use Requests to Admit and Missing Witness Charges

In Torres v. Pabon, the New Jersey Supreme Court clarified two sometimes misunderstood, but useful, litigation tools — the Clawans missing witness jury charge and requests to admit. Torres’ facts are straightforward. Early one morning, the plaintiff, Torres, drove her vehicle into the back of a garbage truck. The garbage truck was driven by the defendant, Pabon, and owned by his employer, defendant Suburban Disposal, Inc. Some of the rear lights on the garbage truck were obstructed by debris that could not be removed…

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New Jersey’s High Court Opens Door for Toxic Tort Liability to Individuals Other Than Spouses in Take-Home Exposure Cases

In a recent decision, the New Jersey Supreme Court unanimously ruled that the premise liability of a landowner can go beyond the spouse of an exposed person of a toxic substance on the landowner’s property. In its ruling, the court would not set a limitation as to how far the duty could extend, but stressed each case would have to be determined on its own facts. In the case, the plaintiffs, Paul and Brenda Ann Schwartz, claimed that Mr. Schwartz was exposed to beryllium that…

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