close

Blogs > Consumer Claim & Product Liability Defense Blog

Truth in Consumer Contract Warranty and Notice Act

Dec 03, 2018

The Defense Research Institute Product Liability Conference – Austin, TX – February 6-8, 2019

If you are a manufacturer, distributor, or seller of a widely-distributed product, consider attending the DRI Product Liability Conference in Austin, Texas, February 6-8, 2019.  More information about the conference is available here.  The conference is well-attended annually by many product liability professionals and is a great place to network and learn new strategies and tips. » Read More

Apr 17, 2018

TCCWNA Claimants Must Show Harm as a Result of Noncompliance

The NJ Supreme Court has issued its long-awaited opinion deciding that a consumer must have suffered harm as a result of noncompliance to be an aggrieved consumer and have a claim under NJ’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).  See the full opinion hereRead More

Jan 26, 2018

The Defense Research Institute (DRI) – Product Liability Conference – San Diego – February 7-9

If you are a manufacturer, distributor, or seller of a widely-distributed product, you should consider attending the DRI Product Liability Conference in San Diego, California, February 7-9, 2018, where you can learn “Progressive Strategies for Defending Product Manufacturers.”  More information about the conference is available at this link: DRI Products. » Read More

Jan 10, 2018

Some Thoughts on Preventing and Defeating Consumer Class Actions

Consumer class actions can result when multiple plaintiffs have the same claims that are supported by common facts, and the Court determines that the multiple claims can easily and fairly be managed in one litigation.  Plaintiffs’ lawyers strive to find viable class actions, because they can leverage the aggregated claims into a larger risk for the defendant, seek high counsel fee awards, and try to force an early settlement. » Read More

Jan 10, 2018

Developing Defenses to Class Actions Arising from the New Jersey TCCWNA

The New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA” or the “Act”) contains potentially powerful language protecting consumers in their contracts and in certain communications with sellers and some others who deal in consumer goods and services.  The Act makes it a violation for a seller in certain dealings to “enter into any written consumer contract or give or display any written consumer warranty, notice, or sign *** which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller *** as established by State or Federal law ***.”  In addition, the Act provides “aggrieved consumer[s]” with “a civil penalty of not less than $100.00 or for actual damages, or both at the election of the consumer, together with reasonable attorney’s fees and court costs.”

Until recently, New Jersey State courts have provided little guidance on what constitutes a “clearly established legal right of a consumer or responsibility of a seller, *** as established by State or Federal law,” and who can be an “aggrieved consumer” to make a civil claim. » Read More

Jan 10, 2018

Welcome to the NMM Consumer Claim & Product Liability Defense Blog

Welcome to the NMM Consumer Claim & Product Liability Defense Blog! The purpose of this blog is to discuss practical information, strategies, and developments concerning the avoidance and defense of consumer claims, product liability claims, and related class actions or aggregated litigation. » Read More

Subscribe