New Jersey’s Consumer Fraud Act has been turned into an instrument through which the plaintiff’s bar plays “gotcha,” turning harmless technical regulatory violations into cases which generate huge attorneys fees, and no real benefit for the consumers supposedly “harmed.” NJCJI is counting down the top 10 most absurd lawsuits filed under the CFA. Continue reading
Despite the added expenses and inefficiencies, the right to sue is increasingly being added to bills targeting a variety of relatively narrow substantive issues. NJCJI has been sounding the alarm on this issue, and the legislature is beginning to take note.
Two topics that have been in the news a lot lately – paid sick leave and efforts to ban employers from asking about an applicant’s criminal history on an initial job application – would also encourage individuals to seek redress from the courts instead of quickly resolving their dispute through regulatory channels.
The judicial system is well suited for settling disputes between parties; it is not well suited to establishing and enforcing standards for businesses. As a means of regulating the state’s businesses, it is not only a blunt instrument, it is also an extraordinarily unpredictable and expensive instrument. Nevertheless, in New Jersey, litigation has come to operate as the enforcement mechanism for a number of substantive laws.
Alida Kass, NJCJI’s Chief Counsel, testified before the Assembly Labor Committee on Thursday, May 15, about three bills that have the potential to increase employers’ exposure to litigation.
Alida Kass from NJCJI, Mike Egenton from NJCC, and Dave Brogan from NJBIA testifying before the Assembly Labor Committee.