DeGarmeaux v. DNV Concepts, Inc., ___ N.J. Super. ___ (App. Div. 2016).  As Judge Manahan stated in his opinion for the Appellate Division in this case, “[t]he issue of reasonbleness of counsel fees has been the subject of numerous decisions.”  This opinion addressed what the panel viewed as an issue of first impression:  “whether prevailing plaintiffs in a Consumer Fraud Act (CFA) action are entitled to attorney’s fees incurred in defense of a counterc

On this date in 1994, the Supreme Court decided Cox v. Sears Roebuck & Co., 138 N.J. 2 (1994).  This unanimous opinion by Justice Clifford continues to be one of the leading cases on the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”).

Cox had contracted with Sears for installation of a kitchen.  He charged the amount due on his credit card.  Contending that Sears’s work was incomplete and not in compliance with codes, Cox sued for breach of contract and consumer fraud.  The jury found for Cox on both claims.  The Law Division judge,

In re Reglan Litigation, 226 N.J. 315 (2016).  Plaintiffs in this mass tort matter claimed that defendants, who are generic manufacturers of metoclopramide, the generic version of the drug Reglan, were liable under New Jersey’s Product Liability Act, N.J.S.A. 2A:58C-1 to -11 (“PLA”), for failure to warn about the health effects of taking metoclopramide for too long.  The warning on the generics’ labels differed from the warning that the Food and Drug Administrat