New Jersey courts should be especially accommodating to their own citizens seeking justice at home. “An action by or against a resident will ordinarily not be dismissed as being in an inconvenient forum….” Gore v. United States Steel Corp., 15 N.J. 301, 311 (1954). Although domestic residence is not decisive,…
Under the relevant due process inquiry, the forum state’s exercise of jurisdiction must be reasonable, which is measured by the “minimal contacts” doctrine, a threshold requirement for specific personal jurisdiction. Hanson v. Denckla, 357 U.S. 235, 251, 78 S.Ct. 1228, 1238, 2 L.Ed.2d 1283, 1296 (1958); International Shoe v. Washington,…
Courts construing R. 4:32-1(b)(3) have repeatedly stressed that the Rule only requires a predominance of common questions, not an identity of all issues. See, e.g., Fiore v. Hudson County Employees Pension Comm.,151 N.J. Super. 524, 528 (App. Div. 1977); Lusky v. Capasso Bros., 118 N.J. Super. 369, 372 (App. Div.),…
Recently, I was surfing the internet and discovered a site through news releases that is actually very useful. The site is truecar.com and the basic underpinnings of this site are the consumers’ ability to access purchase information for vehicles. Apparently truecar.com has the availability of some sort of database or…
Under New Jersey Law, it violates the New Jersey Consumer Fraud Act to make an affirmative misrepresentation of fact as the seller attempted sale of a product. It does not matter that nobody has been misled but there is the capacity to mislead, which is the primary ingredient of consumer…
The New Jersey Attorney General’s Office, through the Division of Consumer Affairs, conducts investigations and files suits on behalf of the state against various businesses alleged to have potentially committed acts in violation of New Jersey Law. As an example, there was a press release on June 5, 2009 indicating…
The New Jersey Consumer Fraud Act and individual liability The definitional section of the New Jersey Consumer Fraud Act is straightforward re: The Act to persons. The New Jersey Supreme Court has explained that the Act is wide-ranging remedial legislation and should be liberally interpreted to effectuate its remedial purposes.…
There is an internet news release indicating that Daimler will honor warranty claims and Lemon Law Claims. Hopefully we will get some specifics and provide another update. The Law Office of Jonathan Rudnick Lemon Law Lawyer
What is a consumer to do when a major manufacturer declares a bankruptcy? Many people are asking this question in light of the anticipated bankruptcy of General Motors and the currently filed bankruptcy of Daimler Chrysler. Many consumers and vehicle purchasers feel that they are without an option with regard…
It is not uncommon for the very employees upon whom the dealership relies to have complaints with upper management or ownership. My experience over the years has demonstrated that the dealership employees were subject to the same type of “trickery” to which the consumers are subject. In my experience, it…