SHERMAN v. CITIBANK (SOUTH DAKOTA)


272 N.J. Super. 435 (1994)

640 A.2d 325

MARC SHERMAN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLANT, v. CITIBANK (SOUTH DAKOTA), N.A., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1994.


Attorney(s) appearing for the Case

Michael D. Donovan of Chimicles, Burt, Jacobsen & McNew, admitted pro hac vice, argued the cause for appellant; Spector Gadon & Rosen, attorneys for appellant (Ann Miller, admitted pro hac vice, of counsel; Paul R. Rosen and Robert L. Grundlock, Jr., on both the brief and the reply brief).

Christopher R. Lipsett of Wilmer, Cutler & Pickering, admitted pro hac vice, argued the cause for respondent; Dechert Price & Rhoads, attorneys for respondent (George G. O'Brien, Matthew V. DelDuca, Robert D. Rhoad, of counsel and on the brief).

Smith, Stratton, Wise, Heher & Brennan filed a brief amicus curiae for New Jersey Bankers Association (William J. Brennan, III, of counsel and on the brief).

Jeffrey M. Keiser filed a brief amicus curiae for Bank Card Holders of America.

Before Judges SHEBELL, LONG and LANDAU.


The opinion of the court was delivered by LONG, J.A.D.

Plaintiff, Marc Sherman, here appeals from the trial judge's dismissal of the class action he filed against defendant, Citibank (South Dakota), N.A. to invalidate the late charges defendant imposed upon him in connection with a credit card it had issued to him.

I

Defendant is a nationally chartered bank association located in Sioux Falls, South Dakota. It actively solicits New Jersey consumers...

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