LEE v. CARTER-REED CO., L.L.C.

A-38 September Term 2009

4 A.3d 561 (2010)

203 N.J. 496

Melissa LEE, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. CARTER-REED COMPANY, L.L.C., a/k/a The Carter Reed Company, Basic Research, L.L.C., DG Enterprises, Inc., Alphagenbo Tech, L.L.C., Body Forum, L.L.C., Body Innoventions, L.L.C., Covarix, L.L.C., Covaxil Laboratories, L.L.C., Bydex Management, L.L.C., Western Holdings, L.L.C., Dennis W. Gay, and Nathalie Chevreau, Defendants-Respondents.

Supreme Court of New Jersey.

Decided September 30, 2010.


Attorney(s) appearing for the Case

Jeffrey I. Carton , a member of the New York bar, admitted pro hac vice, argued the cause for appellant (Meiselman, Denlea, Packman, Carton & Eberz, attorneys; Mr. Carton, Barry B. Cepelewicz, a member of the New York bar, and Jill C. Owens, a member of the New York bar, admitted pro hac vice of counsel and on the briefs).

Gary F. Bendinger , a member of the Utah and New York bars, admitted pro hac vice, argued the cause for respondents (Howrey, attorneys; Mr. Bendinger, James G. McCarney, and Kenneth M. Kliebard, a member of the Illinois bar, admitted pro hac vice on the briefs).

Anita R. Hotchkiss submitted a brief amicus curiae on behalf of Product Liability Advisory Council, Inc. ( Goldberg Segalla , attorneys; Ms. Hotchkiss and Steven S. Vahidi, Princeton, on the brief).

Mark R. Cuker submitted a brief amici curiae on behalf of Public Citizen, Inc., Center for Science in the Public Interest, National Association of Consumer Advocates, and National Consumer Law Center ( Williams Cuker Berezofsky , attorneys).


Justice ALBIN delivered the opinion of the Court.

A class-action lawsuit can give a large number of consumers with small claims the power to act collectively in seeking redress against a corporate entity. In this appeal, we must decide whether denying thousands of individuals the opportunity to proceed as a class in a consumer-fraud action was an abuse of discretion.

Plaintiff Melissa Lee purchased, for a price of about...

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