David S. Osterman Quoted in “Consumer Fraud Attorney Fees Not Recoverable Without Loss,” New Jersey Law Journal
David S. Osterman, Co-Chair of Goldberg Segalla’s Class Action Litigation Practice Group, was interviewed by the New Jersey Law Journal for an article examining the Supreme Court of New Jersey’s decision in Perez v. Professionally Green, in which the court held that plaintiffs who fail to show they suffered an ascertainable loss from violations of the New Jersey Consumer Fraud Act are not entitled to attorney fees.
If the ruling had gone the other way, Dave told the New Jersey Law Journal, “it would have represented an unwarranted expansion of the Consumer Fraud Act’s remedies. It would have created a ‘winner-pays rule’ advanced by the plaintiffs. … Under the facts of this case, a ruling in the plaintiffs’ favor would have been a big expansion of the CFA and would have represented a major tilt in favor of plaintiffs.”
Read the article here:
- “Consumer Fraud Attorney Fees Not Recoverable Without Loss,” New Jersey Law Journal, September 13, 2013 (subscription required)