Mildred SMITH, Plaintiff-Respondent,
v.
SBC COMMUNICATIONS INC., Defendant, and
Southern New England Telephone Co., d/b/a SNET, Defendant-Respondent, and
BJ's Wholesale Club, Inc., Defendant-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 7, 2003.
Decided January 21, 2004.
Attorney(s) appearing for the Case
Jonathan J. Bart, a member of the Pennsylvania bar, Philadelphia, PA, argued the cause for appellant (Silverman Bernheim & Vogel, attorneys, Westmont).
Donald P. Alexander, a member of the Pennsylvania bar, argued the cause for respondent Mildred Smith (Shepherd, Finkelman, Miller & Shah and Sherman, Silverstein, Kohl, Rose & Podolsky, attorneys, Philadelphia, PA; James C. Shah, on letter brief).
Gavin J. Rooney, Roseland, submitted a letter in lieu of brief on behalf of respondent Southern New England Telephone Co., d/b/a SNET (Lowenstein Sandler, attorneys).
Supreme Court of New Jersey.
Justice ZAZZALI delivered the opinion of the Court.
In Weinberg v. Sprint Corp.,173 N.J. 233, 801 A.2d 281 (2002), we concluded that the filed rate doctrine effectively barred plaintiffs from seeking monetary and injunctive relief against telecommunications carriers under the Consumer Fraud Act, N.J.S.A. 56:8-1 to 20, because the doctrine precluded...
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