Tag: Litigation

In re Flat Glass Anti-Trust Litigation – Third Circuit Court of Appeals reversed the decision of the lower court granting summary judgment in favor of a defendant in an anti-trust class action where the plaintiffs alleged that five of the primary manufacturers of glass in the United States conspired to fix prices from 1991 to 1995 for glass made for use in residential and commercial construction as well as for automobiles.

Furst v. Einstein Moonjy, Inc. – The New Jersey Supreme Court in Furst v. Einstein Moonjy, Inc. found that the specific facts of the case were a violation of the Consumer Fraud Act and held that the consumer is entitled to three times the “replacement cost,” plus attorneys’ fees and costs.

New Jersey has one of the most liberal consumer protection statutes in the nation, the New Jersey Consumer Fraud Act. Notwithstanding the same, on Thursday, November 18, 2004, the Appellate Division found that a consumer may only be awarded attorney fees if he can demonstrate an “ascertainable loss” caused by the violation of the Consumer Fraud Act.