Commenting on a pair of TCCWNA cases against restaurant chains pending in the New Jersey Supreme Court, Mr. Fanning said that the suits now before the justices don’t meet the certification standards of class actions. McCarter represents the New Jersey Business & Industry Association, which filed an amicus brief in support of defendant TGI Friday’s.
The case is ripe for the high court because individual circumstances surrounding each plaintiff’s experience far outweigh the commonality and typicality requirement for class actions to move forward, according to Mr. Fanning, who said that small claims courts are better venues for such complaints.
"I think it will be good to get some guidance from the justices on some of the key issues that come up over and over again," Fanning said.
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