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HITE v. LUSH INTERNET INC.

Civil Action No. 16-1533 (JBS/AMD).

244 F.Supp.3d 444 (2017)

Norris HITE, Plaintiff, v. LUSH INTERNET INC., Defendant.

United States District Court, D. New Jersey.

Filed March 22, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Other Contract
Nature of Suit: 190 Contract: Other
Source: PACER

Attorney(s) appearing for the Case

Gerald H. Clark, Esq. , Clark Law Firm, PC, 811 Sixteenth Avenue, Belmar, NJ 07719, Attorney for Plaintiff

Geoffrey W. Castello, III, Esq. , Kelley Drye & Warren LLP, One Jefferson Road, 2nd Floor, Parsippany, NJ 07054, Attorney for Defendant

OPINION

I. INTRODUCTION

In this case, Plaintiff Norris Hite alleges that the "Terms of Use" on the website of Defendant Lush Internet, Inc. ("Lush") constitute a consumer contract with exculpatory provisions that violate the New Jersey Truth in Consumer Contract, Warranty and Notice Act ("TCCWNA...

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