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New Jersey businesses should not have to defend themselves against class action lawsuits where no one has been seriously harmed. That was the argument recently made before the NJ State Supreme Court by attorney David R. Kott of McCarter & English.

Earlier this year, the court ruled that class action lawsuits should not be certified based only on technical violations of a state consumer protection law even if no harm is suffered by the plaintiffs. Now, the court is trying to decide how much harm a plaintiff must show before he or she can sue.

View video of Kott’s argument here.

Working pro bono with fellow McCarter & English attorneys Ed Fanning, Jr. and Zane Riester, Kott had filed a motion on NJBIA’s behalf in two cases seeking to address the “aggrieved consumer” requirement of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). The video shows Kott arguing the Association’s position in Wenger v. Bob’s Discount Furniture, LLC and Spade v. Select Comfort Corp.

“Running a small business is hard enough without having to defend against these kinds of frivolous lawsuits,” said Mary Beaumont, NJBIA vice president of Health and Legal Affairs. “NJBIA is deeply grateful to David and his team for their excellent work on this case.”