Unlike the Supreme Court of the United States, which customarily (though apparently not this year) issues all its opinions for the term by June 30, the Supreme Court of New Jersey continues issuing opinions into the summer months, or even beyond. In the last few days, the Court has issued three opinions. Here are summaries of those opinions: Gourmet Dining, LLC v. Union Township, ___ N.J. ___ (2020). This decision, issued today, was a 6-0 ruling, with Justice LaVecchia authoring the Court’s opinion. As discussed here, this case involved (to quote Justice LaVecchia) the question of...

The Supreme Court announced that it has granted certification in five new cases. They include a consumer class action, a parole matter, a criminal appeal, and two insurance-related cases. The consumer class action is Baskin v. P.C. Richard & Son, LLC. [Disclosure: I am one of the counsel for plaintiffs, who filed the petition for certification in this case]. The question presented, as phrased by the Supreme Court Clerk’s office, is “Did plaintiffs meet the requirements for class certification under Rule 4:32-1, including numerosity, superiority, and predominance?” The...

Sanchez v. Fitness Factory Edgewater, LLC, ___ N.J. ___ (2020). In Mellet v. Aquasid, LLC, 453 N.J. Super. 23 (App. Div. 2017), the Appellate Division ruled that the Retail Installment Sales Act, N.J.S.A. 17:16C-1 to -61 (“RISA”), does not apply to health club or gym membership contracts. Mellet relied on the Supreme Court’s ruling in Perez v. Rent-A-Center, Inc., 186 N.J. 188 (2006), which involved rent-to-own contracts. The Supreme Court did not review Mellet. Today, the Court addressed the question of whether an “initiation fee” imposed by the defendant gym...