On July 3, 1997, the Supreme Court decided Lemelledo v. Beneficial Management Corp. of America, 150 N.J. 255 (1997). Justice Handler’s opinion in that case, for a 6-0 Court, is a key Consumer Fraud Act (“CFA”) case. It is also the leading authority as to when a CFA claim is, or is not, pre-empted by the fact that the conduct complained of is regulated by multiple state agencies. The case, a class action, involved “loan packing,” which Justice Handler defined as “a practice on the part of commercial lenders that involves increasing the principal amount of a...

Goldfarb v. Solimine, ___ N.J. Super. ___ (App. Div. 2019). Everyone has their favorite judge(s) before whom they would prefer to try a case. In this case, “a defense attorney, in an ex parte communication, sought [a particular] judge’s assignment to the case, and the judge responded by specifically requesting the assignment from the presiding judge.” The requesting judge, a longtime member of the bench, got the assignment. Plaintiff learned of these events and sought to recuse the judge. Recusal was denied. After trial, plaintiff appealed, renewing his argument on that...

Forty years ago today, the Supreme Court decided State v. Celmer, 80 N.J. 405 (1979), a case that arose out of he conviction of defendant on charges of DWI, speeding, and disregarding a traffic signal. The offenses took place in Ocean Grove, New Jersey, a town that had been founded by members of what was then known as the Methodist Episcopal Church. By state statute, the Ocean Grove Camp Meeting Association, an organization of those Methodists, retained title to all land, streets, and other public places in Ocean Grove, and the Association had police powers normally given only to...