The Supreme Court has granted certification in two new cases. The first is yet another matter involving whether and when consumer disputes can be forced into arbitration. That case (actually, two consolidated cases) is Goffe v. Foulke Management Corp. The question presented there, as phrased by the Supreme Court Clerk’s Office, is “Were defendants entitled [to] the dismissal of plaintiffs’ complaints based on the arbitration provisions of the sales contracts under the circumstances presented?” In a published opinion reported at 454 N.J. Super. 260 (App. Div. 2018) and...
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A Key Consumer Fraud Case for the Supreme Court
Posted by Bruce D. Greenberg on May 7, 2018 in Consumer protection, Summary judgment, Supreme Court of New Jersey | 0 comments
The Supreme Court announced that it has granted review in All the Way Towing, LLC v. Bucks County International, Inc. The question presented on this appeal, as phrased by the Supreme Court Clerk’s Office, is “Does the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, apply to this sale of a custom-built tow truck; and did the Appellate Division err by failing to address whether plaintiff established the elements of a claim under the CFA?” The Appellate Division’s opinion, which reversed summary judgment in favor of the defendant manufacturer, reported at 452 N.J....
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