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DUGAN v. TGI FRIDAYS, INC.

A-92 Sept.Term 2015 A-93 Sept.Term 2015 077567 and 077556.

171 A.3d 620 (2017)

231 N.J. 24

Debra DUGAN, Alan Fox, and Robert Cameron On Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. TGI FRIDAYS, INC., Carlson Restaurants Worldwide, Inc., on behalf of themselves and all others similarly situated, Defendants-Respondents. Ernest Bozzi, on behalf of himself and all others similarly situated, Plaintiff-Respondent, v. Osi Restaurant Partners, LLC, t/a Carrabba's Italian Grill, et al., Defendants-Appellants.

Supreme Court of New Jersey.

Decided October 4, 2017.

Attorney(s) appearing for the Case

Sander D. Friedman argued the cause for appellants in Dugan v. TGI Fridays, Inc., (A-92-15) (Law Office of Sander D. Friedman, attorneys; Sander D. Friedman and Wesley G. Hanna , on the briefs).

Stephen M. Orlofsky argued the cause for respondents in Dugan v. TGI Fridays, Inc., (A-92-15) ( Blank Rome and LeClair Ryan , attorneys; Stephen M. Orlofsky , David C. Kistler , Jeffrey L. O'Hara , and Matthew S. Schultz , of counsel and on the briefs).

David G. McMillin argued the cause for amicus curiae Legal Services of New Jersey in Dugan v. TGI Fridays, Inc. (A-92-15) (Legal Services of New Jersey, attorneys; Melville D. Miller, Jr. and David G. McMillin on the brief).

Michael A. Galpern argued the cause for amicus curiae New Jersey Association for Justice in Dugan v. TGI Fridays, Inc. (A-92-15) (Locks Law Firm, attorneys; Michael A. Galpern , Andrew P. Bell , and James A. Barry on the brief).

Jeffrey S. Jacobson argued the cause for amicus curiae New Jersey Civil Justice Institute in Dugan v. TGI Fridays, Inc., (A-92-15) (Lowenstein Sandler and Kelley Drye & Warren, attorneys; Jeffrey S. Jacobson and Gavin J. Rooney on the brief).

Stephen M. Orlofsky argued the cause for appellants in Bozzi v. OSI Restaurant Partners, LLC (A-93-15) (Blank Rome and Briggs Law Office, attorneys; Stephen M. Orlofsky , David C. Kistler , Michael A. Iannucci , Norman W. Briggs , and Adrienne Chapman , of counsel and on the briefs).

Donald M. Doherty, Jr. argued the cause for respondent in Bozzi v. OSI Restaurant Partners, LLC (A-93-15) (Law Office of Donald M. Doherty, attorneys; Donald M. Doherty, Jr. on the brief).

Jonathan Romberg argued the cause for amicus curiae Seton Hall University School of Law Center for Social Justice in Dugan v. TGI Fridays, Inc. (A-92-15) and Bozzi v. OSI Restaurant Partners, LLC (A-93-15) (Seton Hall University School of Law Center for Social Justice, attorneys; Jonathan Romberg on the briefs).

David R. Kott argued the cause for amicus curiae New Jersey Business & Industry Association in Dugan v. TGI Fridays, Inc. (A-92-15) and Bozzi v. OSI Restaurant Partners, LLC (A-93-15) (McCarter & English, attorneys; David R. Kott , Edward J. Fanning , Zane C. Riester , and Elizabeth K. Monahan , of counsel and on the briefs).

In these consolidated appeals, the plaintiffs allege that the defendant operators of New Jersey restaurants engaged in unlawful practices with respect to the disclosure of prices charged to customers for alcoholic and non-alcoholic beverages. Based upon different theories of ascertainable loss...

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