THIEDEMANN v. MERCEDES-BENZ USA


872 A.2d 783 (2005)

183 N.J. 234

Kenneth THIEDEMANN, Plaintiff, and Brian Flaherty and Barbara Flaherty, husband and wife, and Yuet Lan Lam, in their own right and as on behalf of all others similarly situated, Plaintiffs-Respondents, v. MERCEDES-BENZ USA, LLC, f/k/a Mercedes-Benz USA, Inc., Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 18, 2005.


Attorney(s) appearing for the Case

Peter W. Herzog, III, St. Louis, MO, a member of the Missouri and Massachusetts bars, argued the cause for appellant (Graham, Curtin & Sheridan, attorneys; Thomas R. Curtin and Kathleen N. Fennelly, Morristown, of counsel; Mr. Curtin, Ms. Fennelly, Mr. Herzog and James F. Bennett, a member of the Missouri and Illinois bars, on the briefs).

Kevin P. Roddy, Woodbridge, a member of the California, New York and Virginia bars, argued the cause for respondents (Wilentz, Goldman & Spitzer, attorneys; Jeffrey J. Brookner, Lynne M. Kizis and Barry R. Sugarman, of counsel; Mr. Sugarman, Ms. Kizis, Mr. Brookner and Jennifer Sarnelli, on the briefs).

Donna Siegel Moffa, Philadelphia, PA, submitted a brief on behalf of amici curiae, AARP and National Consumer Law Center (Trujillo, Rodriquez & Richards and PinilisHalpern, attorneys; Ms. Moffa and William J. Pinilis, Morristown, on the brief).

Anita R. Hotchkiss, Morristown, submitted a brief on behalf of amicus curiae Product Liability Advisory Council (Porzio, Bromberg & Newman, attorneys; Ms. Hotchkiss, Linda Pissott Reig and David C. Uitti, on the brief).


Justice LaVECCHIA delivered the opinion of the Court.

The New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, authorizes a private cause of action when a plaintiff has suffered an "ascertainable loss of moneys or property, real or personal" as a result of a practice in violation of the CFA. N.J.S.A. 56:8-19. This appeal focuses on the enigmatic requirement of an "ascertainable loss" and, specifically, on what a plaintiff must demonstrate in...

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