Sean Kelly and Melissa Kanbayashi of Marks, O’Neill’s New Jersey office, were successful in obtaining a voluntary dismissal in a class action venued in New Jersey Federal District Court. Marks O’Neill represented a national retail furniture chain. Plaintiff filed a putative class action challenging our client’s pricing practices contending that they violated the New Jersey Consumer Fraud Act and associated advertising regulations. In support of a motion to dismiss, our team submitted various arguments attacking the sufficiency of Plaintiff’s individual claims and also seeking to strike the class claims. In response, Plaintiff voluntarily dismissed the case.
January 10, 2018