A selection of the need-to-know civil justice news for August 26-September 1. Continue reading
A selection of the need-to-know civil justice news for August 26-September 1. Continue reading
The New Jersey Supreme Court has finally brought some clarity and sanity to the Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA). Continue reading
New Jersey is an outlier. Though nearly 40 states and the federal court system have adopted similar rules governing the admissibility of expert evidence, New Jersey has stuck with an older rule. Continue reading
A selection of the need-to-know civil justice news for the week of May 19-26. Continue reading
Over the past few years, we’ve been highlighting the unique danger New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) poses to our state’s businesses. Four of the five matters we are currently involved with as an organization are TCCWNA cases. Continue reading
The New Jersey Supreme Court will hold oral arguments on the following dates during its 2016-2017 term: Continue reading
We have seen an explosion in the number of Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) lawsuits and demand letters over the past couple of years. While many businesses settle such suits so they can focus on the business of doing business rather than spending a bunch of money on litigation, a few intrepid companies have fought the claims brought against them. Continue reading
The New Jersey Supreme Court has just announced that it will answer the following certified questions about New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA):
Is a consumer who receives a contract that does not comply with the Delivery of Household Furniture and Furnishings Regulations (Furniture Delivery Regulations), N.J.A.C. 13:45A-5, but has not suffered any adverse consequences from the noncompliance, an “aggrieved consumer” under the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-17; and, does a violation of the Furniture Delivery Regulations alone constitute a violation of a clearly established right or responsibility of the seller under the TCCWNA and thus provide a basis for relief under the TCCWNA?
The court’s answer will provide clarity not only to the Third Circuit, which is looking for guidance as it decides the cases David Spade v. Select Comfort Corp. and Christopher Wenger v. Bob’s Discount Furniture, LLC, but to everyone.
Clarifying what the terms “aggrieved consumer” and “clearly established legal right” mean will go a long way toward ensuring that this statute does what it was designed to do, protect consumers, without being a tool that attorneys can use to troll for lawsuits against well-meaning businesses.
NJCJI has filed amicus briefs in several Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) lawsuits, and has been following other cases quite closely. Below is an update on the cases we’re involved with and info on some other notable cases. Continue reading
The New Jersey Supreme Court has released its opinion in a long-running lawsuit over the acne medicine Accutane. Instead of throwing out the case as time-barred like NJCJI suggested it do, the Court adopted a new test for determining what statute of limitations should apply in case brought by an out-of-state plaintiff.
“It’s disappointing the Court decided to go in this direction,” said NJCJI chief counsel Alida Kass. “It is very likely that plaintiffs whose claims are time-barred in other states will now try to bring their lawsuits here. As the opinion’s author noted during oral arguments, plaintiffs are attracted to our courts because they like our evidence rules and our expert witness rules, so I guess we should now add our statute of limitations to that list. It really distorts the policy choices that have been made by the New Jersey legislature.”