The New Jersey Supreme Court, in a 7-0 opinion, adopted the argument set forth by McCarter that TCCWNA requires that a Plaintiff suffer some adverse consequences to recover the $100 statutory TCCWNA penalty. McCarter represented amicus curiae the New Jersey Business and Industry Association. The brief was authored by partners David Kott and Edward Fanning, Jr. David Kott argued the case in the NJ Supreme Court.
Click for full opinion: “David Spade v. Select Comfort Corp. (A-57-16) (078611)“