Today, the Supreme Court announced that it had granted certification to review the Appellate Division’s decision in Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011).  The question in the case, as phrased by the Clerk’s Office, is “In this case alleging fraud and Consumer Fraud Act violations relating to a product purchased over the internet, were the complaint’s allegations of damages and loss sufficient to survive a motion to dismiss, and was plaintiff’s dual role as class counsel and class representative permissible

Walker v. Giuffre, 209 N.J. 124 (2012).  In Walker and Humphries v. Powder Mill Shopping Plaza, two different Appellate Division panels had each ruled that restrictive principles governing attorneys’ fee awards under federal fee-shifting statutes, as expressed in Perdue v. Kenny A., ___ U.S. ___, 130 S.Ct. 1662 (2010), were to be applied to fee awards under New Jersey’s fee-shifting statutes such as the Consumer Fraud Act (implicated in Walker<

Dugan v. TGI Friday’s, 2011 WL 5041391 (App. Div. Oct. 25, 2011).   Plaintiff bought a beer at the bar of a TGI Friday’s restaurant and was charged $2.00.  She then moved to a table, ordered another of the same beer, and was charged $3.59.  Plaintiff sued Friday’s under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), and the Truth in Consumer Contract, Notice and Warranty Act, N.J.S.A. 56:12-14 to -18 (“TCCWNA”).  Though her complai