NJ Supreme Court Allows Simultaneous PLA and CFA Claims
By: Cohen, Placitella & Roth @ Aug 03, 2020
In a July 29th ruling, the New Jersey Supreme court ruled that consumers can file claims under two separate laws in the same complaint.
According to Justice Lee Solomon, the Consumer Fraud Act and Product Liability Act govern different types of conduct and are intended to provide different remedies.
Thus, companies can be held responsible both for misrepresenting their product and for the injuries their product causes.
Attorney Chris Placitella of Cohen Placitella & Roth represented the New Jersey Association of Justice (NJAJ) who appeared as amicus in the case in question. He is quoted as saying:
“This case highlights the importance of amicus acting as a friend to the court. Here, the court in a momentous and consequential decision, adopted the position advocated by NJAJ holding that under New Jersey law, consumers can hold a corporate defendant liable for both the express or affirmative misrepresentations that it makes about its products and the physical harm caused by those products.”
Further information can be found on the New Jersey Law Journal website: https://www.law.com/njlawjournal/2020/07/30/high-court-deems-simultaneous-consumer-fraud-act-and-product-liability-act-claims-allowable/