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Tag Archives: Third Circuit

Top News Clips for September 30-October 6

October 6, 2017News, Recent NewsExpert Evidence, Outrageous Lawsuits, Third CircuitNJCJI

A selection of the need-to-know civil justice news for September 30-October 6. Continue reading →

High Court Bursts TCCWNA Bubble

October 13, 2017News, Top StoriesClass Actions, New Jersey Courts, New Jersey Supreme Court, TCCWNA, Third CircuitNJCJI

Dugan Bozzi OpinionThe New Jersey Supreme Court has finally brought some clarity and sanity to the Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA). Continue reading →

BREAKING: NJ Supreme Court Has Accepted Certified Questions on TCCWNA from the Third Circuit

April 7, 2017News, Top StoriesNew Jersey Supreme Court, TCCWNA, Third CircuitNJCJI

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.

 

Top News Clips for the Week of January 23-29

January 29, 2016News, Recent NewsBusiness Climate, Class Actions, Juries, Outrageous Lawsuits, Settlement Trust Transparency, Third CircuitNJCJI

A selection of the need-to-know civil justice news for the week of January 23-29. Continue reading →

Top News Clips for the Week of June 6-12

June 12, 2015News, Recent NewsClass Actions, New Jersey Supreme Court, Outrageous Lawsuits, SCOTUS, Third CircuitNJCJI

A selection of the need-to-know civil justice news for the week of June 6-12. Continue reading →

State Bar Meeting Provides Overview of New Jersey’s Legal Landscape

May 22, 2015News, Top StoriesClass Actions, CLE, Judicial Independence, Judicial Selection, Legal Reform, New Jersey Bar Association, New Jersey Courts, New Jersey Legislature, New Jersey Supreme Court, Third CircuitNJCJI

Last week the New Jersey State Bar Association held its annual convention in Atlantic City. Over 2,500 judges, lawyers, law clerks and law students headed down the shore in search of CLEs and the scoop on emerging legal issues. In the following post, NJCJI’s Emily Kelchen reveals her insights on issues of interest to the civil justice community that were discussed at the convention. Continue reading →

Top News Clips for the Week of April 4-10

April 10, 2015News, Recent NewsArbitration, New Jersey Courts, Outrageous Lawsuits, Third Circuit, Trial LawyersNJCJI

A selection of the need-to-know civil justice news for the week of April 4-10. Continue reading →

Top News Clips for the Week of July 26-Aug. 1

August 1, 2014News, Recent NewsCivil Justice, Legal Reform, New Jersey Courts, Outrageous Lawsuits, Third CircuitNJCJI

A selection of the need-to-know civil justice news for the week of July 26-Aug. 1. Continue reading →

Top News Clips for the Week of July 12-18

July 18, 2014News, Recent NewsClass Actions, New Jersey Courts, New Jersey Supreme Court, Outrageous Lawsuits, SCOTUS, Third CircuitNJCJI

A selection of the need-to-know civil justice news for the week of July 12-18. Continue reading →

Ascertainability Thwarts Another Consumer Class Action Suit in the 3rd Circuit

July 17, 2014News, Top StoriesClass Actions, Third CircuitNJCJI

Federal courts in the Third Circuit, which includes New Jersey, are abuzz with activity on the once obscure topic of ascertainability. The latest beneficiary of the court system’s focus on this issue is none other than New Jersey’s own Bethenny Frankel, former Real Housewife and the founder of the Skinny Girl line of drinks. Continue reading →

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