Supreme Court Grants Review of Hoffman v. Supplements Togo

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?” 

The Appellate Division’s decision, written by Judge Sabatino, is discussed here.  The most interesting part of the panel’s ruling involved the unenforceability of a “submerged” forum selection clause.  That holding was a sound one.  The petition for certification expressly did not seek Supreme Court review on that issue.