New Jersey Supreme Court Justice Lee Solomon/photo by Carmen Natale/ALM 'Sun Chemical' Ruling Removes Conflicts Between the CFA and PLA
Plaintiffs will be able to recover compensatory and perhaps punitive damages for personal injury or property damage caused by a defective product or failure to warn under the PLA's exclusive remedy. They will be able to recover treble damages under the CFA for any other "ascertainable loss of money or property" outside the scope of the PLA, such as refund of the purchase price, as well as attorney fees.
August 24, 2020 at 12:07 PM
4 minute read
In Sun Chemical Corp. v. Fike Corp., a case on certification from the U.S. Court of Appeals for the Third Circuit, the New Jersey Supreme Court on July 29, 2020, clarified the interrelationship between New Jersey's Consumer Fraud Act and Product Liability Act. The court, per Justice Lee Solomon, noted the different purposes of the two acts, and stated definitively that where damages other than those for "harm" under the PLA, were sought, that act was no bar to seeking CFA relief.
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