Dugan v. TGI Friday’s, Inc., ___ N.J. ___ (2017). In these two closely-watched consumer class action decisions, each of which involved claims regarding defendants’ alleged failure to disclose the price of drinks at their restaurants, plaintiffs and defendants each got some comfort from the 5-1 majority opinion authored by Justice Patterson. In Dugan, where (as discussed
Bisbing v. Bisbing, ___ N.J. ___ (2017). Justice Patterson began her opinion in this case, for a unanimous Court, as follows. “This appeal arises from a trial court’s post-judgment determination authorizing a mother to relocate with her children out of state, notwithstanding their father’s objection to the children’s move. It requires that we address the showing necessary to establish ’cause’ under N.J.S.A. 9:2-2 for the entry of an order authorizing a parent to relocate out of state with his or her child, despite the other parent’s o
Jones v. Morey’s Pier, Inc., ___ N.J. ___ (2017). Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, a tort plaintiff who fails to timely serve a notice of tort claim on a public entity is barred from suing that entity. Until today, the Supreme Court had never decided whether a failure of a defendant who wishes to assert a claim for contribution or common law indemnification to timely serve a tort claim notice bars those types of claims. Lower courts had split. Today,
reader