To give consumers the ability to repair their own electronic devices, New York is leading the way in “Right to Repair” legislation with its Digital Fair Repair Act, N.Y. Gen. Bus. Law § 399-NN (2022). The Digital Fair Repair...more
What You Need to Know in a Minute or Less - In a minute or less, here are the key points manufacturers, distributors, and retailers of consumer products need to know about recent lawsuits related to per- and polyfluoroalkyl...more
In County of Passaic v. Horizon Healthcare Services, the New Jersey Appellate Division (the Appellate Division) clarified that arbitration provisions between sophisticated entities need not explicitly explain the implications...more
Common interest communities in New Jersey likely have more time to assert construction and design defect claims under the New Jersey Legislature’s 2022 amendment to N.J.S.A. 2A:14-1. Condominium associations, cooperative...more
NEW JERSEY - On 13 May 2020 Governor Murphy issued Executive Order No. 142 (E.O. 142) permitting non-essential construction to resume subject to strict social distancing measures....more
NEW JERSEY - Governor Murphy issued the Statewide “Stay at Home” Order, Executive Order No. 107 (E.O. 107), on March 21, 2020, which closed all non-essential retail businesses and ordered that, where practicable, all other...more
Updated as of March 30, 2020 -
New Jersey -
Governor Murphy issued the Statewide “Stay at Home” Order, Executive Order No. 107 (E.O. 107), on March 21, 2020. E.O. 107 closed all non-essential retail businesses and...more
The New Jersey Supreme Court has spoken: a plaintiff suing for a violation of New Jersey’s Truth in Consumer Contract Warranty and Notice Act (TCCWNA) must have suffered an actual injury - but not necessarily a monetary one -...more
Amidst the significant increase in consumer class action litigation under New Jersey’s Truth in Consumer Contract Warranty and Notice Act (“TCCWNA” or the “Act”), the New Jersey Supreme Court ruled that TCCWNA claims could...more
New Jersey’s Truth in Consumer Contract Warranty and Notice Act (TCCWNA), which sat largely unnoticed in the decades following its 1980 enactment until the recent surge in putative class action filings, is now before the New...more
Federal courts in New Jersey have begun to weigh on the application of the Truth in Consumer Contract Warranty and Notice Act (“TCCWNA”) in cases based on websites’ terms and conditions when the plaintiff has not alleged any...more
In the wake of a flood of consumer class-action lawsuits under the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”), the New Jersey Appellate Division recently put the brakes on plaintiffs’ lawyers in...more
Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more
5/11/2016
/ Actual Damages ,
Attorney's Fees ,
Choice-of-Law ,
Consumer Contracts ,
Corporate Counsel ,
Damages ,
Internet Retailers ,
Motion to Dismiss ,
Putative Class Actions ,
Terms and Conditions ,
Unenforceable Contract Terms ,
Warranties
Is the availability of class-wide arbitration a “gateway” question for courts, or are arbitrators charged with such a decision once a matter is compelled to them? In Dell Webb Communities, Inc. v. Carlson, the Fourth Circuit...more
The U.S. Court of Appeals for the Third Circuit (the “Court”) has spoken again on the issue of “who decides” whether parties must arbitrate a dispute on a classwide basis. In 2014, the Court ruled that “unless the parties...more
Although New Jersey public policy generally favors arbitration as a method of resolving disputes, following the New Jersey Supreme Court’s unanimous holding in Atalese v. U.S. Legal Services Group L.P., companies doing...more
The District of New Jersey’s recent decision in In re Paulsboro Derailment Cases, No. 13-784 (D.N.J. Aug. 20, 2014), demonstrates the increasing importance of the implied requirement of ascertainability and provides guidance...more