• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

McCarter & English Logo

  • People
  • Services
  • Insights
  • Our Firm
    • Leadership Team
    • Social Justice
    • Diversity & Inclusion
    • Pro Bono
    • Client Service Values
  • Join Us
    • Lawyers
    • Summer Associates
    • Patent Professionals
    • Professional Staff
    • Job Openings
  • Locations
    • Boston
    • Philadelphia
    • East Brunswick
    • Stamford
    • Hartford
    • Trenton
    • Newark
    • Washington, DC
    • New York
    • Wilmington
  • Share

Share

Browse Alphabetically:

  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • K
  • L
  • M
  • N
  • O
  • P
  • Q
  • R
  • S
  • T
  • U
  • V
  • W
  • X
  • Y
  • Z
  • All
Bankruptcy, Restructuring & Litigation
Blockchain, Smart Contracts & Digital Currencies
Business Litigation
Cannabis
Coronavirus Resource Center
Corporate
Crisis Management
Cybersecurity & Data Privacy
Delaware Corporate, LLC & Partnership Law
Design, Fashion & Luxury
E-Discovery & Records Management
Energy & Utilities
Environment & Energy
Financial Institutions
Government Affairs
Government Contracts & Global Trade
Government Investigations & White Collar Defense
Healthcare
Immigration
Impact Investing
Insurance Recovery, Litigation & Counseling
Intellectual Property
Labor & Employment Law
Life Sciences
Manufacturing
Products Liability, Mass Torts & Consumer Class Actions
Proptech
Public Finance 
Real Estate
Renewable Energy
Sports & Entertainment
Tax & Employee Benefits 
Technology Transactions
Transportation, Logistics & Supply Chain Management
Trusts, Estates & Private Clients 
Venture Capital & Emerging Growth Companies
  • Broadcasts
  • Events
  • News
  • Publications
  • View All Insights
Search By:
Insights Publication Magazine Stack
Main image for New Jersey Cases to Watch in 2019
News|Quote

New Jersey Cases to Watch in 2019

Law360

1.1.2019

Ed Fanning comments on two landmark New Jersey Supreme Court rulings in Law360’s report “New Jersey Cases to Watch in 2019.”

Ed co-authored an amicus brief with David Kott and presented oral argument before the court in favor of adopting the Daubert factor-based approach for determining the admissibility of expert testimony. He describes the court’s In Re: Accutane decision to use the stricter federal standard as a guide when evaluating the reliability of expert testimony as a “game changer” for civil case law.

“New Jersey has now joined the mainstream—39 other states, the District of Columbia, and our federal courts—in using the Daubert factor-based approach to expert admissibility in civil cases. It requires that our trial judges be much more rigorous in their analysis and in their role as gatekeepers in excluding unproven and unreliable expert opinion testimony,” he told Law360.

The report also quotes Ed on another New Jersey Supreme Court ruling where McCarter also played a lead role. Ed Fanning and David Kott co-authored an amicus brief presented by David Kott before the court, which successfully argued that claims under New Jersey’s Truth-in-Consumer-Contract, Warranty and Notice Act (TCCWNA) should require that a plaintiff must suffer some adverse consequences to recover the $100 statutory TCCWNA penalty. Commenting on the Supreme Court’s ruling which held that, while illegal contract terms can be rendered unenforceable, they can’t trigger monetary relief unless customers were actually harmed, Ed said he has little doubt the federal appeals court will affirm the suits‘ dismissals. “This decision, thankfully, put the final nail in the coffin of these ridiculous no-injury TCCWNA cases,” he concluded.

Read More (Subscription Required)

sidebar

pdfemail

Related People

Media item: Edward J. Fanning, Jr.
Edward J. Fanning, Jr.

Partner

Related Services

Appellate
Class Action & Multidistrict Litigation
Products Liability, Mass Torts & Consumer Class Actions
Subscribe to our Insights
McCarter & English, LLP
Copyright © 2021 McCarter & English, LLP. All Rights Reserved.
  • Login
  • Attorney Advertising
  • Privacy
  • Awards Methodology
  • Contact
  • Subscribe
  • Sitemap

The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

Accept Cancel