NJ Consumer Fraud Fee Ruling Puts Plaintiffs Attys On Guard

Law360, New York (September 12, 2013, 9:54 PM EDT) -- A New Jersey Supreme Court decision Thursday that limits when plaintiffs suing under the state's Consumer Fraud Act can reap legal fees should comfort defendants and make attorneys think twice before pursuing a claim under the powerful statute where they can't make a viable case for real harm, attorneys told Law360.

The unanimous court expanded on a 2002 finding that a CFA plaintiff seeking attorneys' fees must present a bona fide claim of ascertainable loss that can withstand a defense bid for summary judgment. The justices...
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