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SMERLING v. HARRAH'S ENTERTAINMENT, INC.

912 A.2d 168 (2006)

389 N.J. Super. 181

Debra S. SMERLING, Magda Claude, and Sheila Smerling, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. HARRAH'S ENTERTAINMENT, INC., Harrah's Operating Company, Inc. d/b/a Harrah's Atlantic City, and Harrah's Atlantic City, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 2006.

Attorney(s) appearing for the Case

Wacks & Hartmann, for appellants (William J. Pinilis, Morristown, of counsel and on the brief; Beth C. Manes, on the brief).

Cooper Levenson April Niedelman & Wagenheim, Atlantic City, for respondents (Gerard W. Quinn, on the brief).

Before Judges LEFELT, PARRILLO and SAPP-PETERSON.

The opinion of the court was delivered by

PARRILLO, J.A.D.

At issue is whether plaintiffs' consumer fraud action against a licensed casino hotel alleging false and misleading promotional advertising is preempted by the Casino Control Act, N.J.S.A. 5:12-1 to -210. Stated somewhat differently, does the Casino Control Commission (CCC), by virtue of its comprehensive regulation over New Jersey's casino industry, have exclusive jurisdiction over all matters...

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