NJ High Court Weighs Attys' Fees In Consumer Fraud Cases

Law360, New York (January 14, 2013, 6:02 PM EST) -- Plaintiffs aren't owed attorneys' fees when they prove technical violations of New Jersey's Consumer Fraud Act but their claims are dismissed at trial for failure to establish an ascertainable loss, an attorney for a swimming pool contractor argued Monday before the state Supreme Court.

In a closely watched case that could impact attorneys' decisions on whether to bring such claims, Jerald J. Howarth, an attorney representing Swim-Well Pools Inc., contended that the plaintiffs had to present sufficient evidence of ascertainable loss that a judge or jury...
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