Cameron v. South Jersey Pubs, Inc., ___ N.J. Super. ___ (App. Div. 2019). As discussed here, in Dugan v. TGI Friday’s, Inc., 231 N.J. 24 (2017), the Supreme Court rendered a split decision on class certification in two consolidated consumer action cases involving drink prices at TGI Friday’s restaurants. Those cases sought damage classes under Rule 4:32-1(b)(3). [Disclosure: My partner Susana Cruz Hodge and I filed an amicus brief in the Dugan cases on behalf of the Consumers League of New Jersey]. This case was a follow-on, in which only an injunctive relief class, under Rule...

In a development foreshadowed by yesterday’s issuance of the 2019-2020 General Assignment Order, the Supreme Court today published two orders dated July 8 that appoint Judges Ronald Susswein and Catherine Enright to the Appellate Division, effective as of August 1, 2019. Judge Susswein was appointed to the bench in Mercer County by Governor Christie in 2016. He sat in the Family, Criminal, and Civil Divisions there. He is a graduate of American University and Georgetown University Law School. He has had a swift rise to the Appellate Division, not having yet reached the point of...

Holtham v. Lucas, ___ N.J. Super. ___ (App. Div. 2019). As Judge Ostrer noted in the first sentence of his opinion in this case today, “[a]ccording to well-settled contract law, a provision that stipulates an unreasonably large amount of damages for a future breach is an unenforceable penalty.” The parties to this matrimonial case entered into a marital settlement agreement that contained a “per diem penalty of $150” for any breach of any duty under that agreement. When plaintiff failed to timely pay off a loan on a car that was to be distributed to his (ex-)wife and...