NJ Supreme Court Adopts McCarter Position in NJ Consumer Fraud Act Class Action

The New Jersey Supreme Court rendered an opinion in DeSimone v. Springpoint Senior Living, Inc. on January 10, 2024 adopting McCarter’s position that Plaintiffs in New Jersey Consumer Fraud Act cases are not entitled to a refund of the payments made to the Defendant. McCarter partner Edward Fanning, Jr. presented oral argument on behalf of amici curiae the New Jersey Business and Industry Association, the New Jersey Chamber of Commerce, and the Commerce and Industry Association. David Kott and Leroy Foster were on the briefs.