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ALLEN v. V AND A BROS., INC.

Nos. A-30 September Term 2010, 066568.

26 A.3d 430 (2011)

208 N.J. 114

William W. ALLEN and Vivian Allen, Plaintiffs-Respondents, v. V AND A BROTHERS, INC., d/b/a Caliper Farms Nursery and Landscaping Services, Defendants, and Angelo DiMeglio, the Estate of Vincent DiMeglio, deceased; and Thomas Taylor, Individually, Defendants-Appellants.

Supreme Court of New Jersey.

Decided July 7, 2011.

Attorney(s) appearing for the Case

Paul J. Maselli, Princeton, argued the cause for appellants (Maselli Warren, attorneys).

George T. Dougherty argued the cause for respondents (Katz & Dougherty, Mercerville, attorneys; Mr. Dougherty and Jack A. Butler, on the briefs).

Joshua T. Rabinowitz, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

Gavin J. Rooney submitted a brief on behalf of amicus curiae New Jersey Lawsuit Reform Alliance (Lowenstein Sandler, attorneys; Mr. Rooney and Jamie R. Gottlieb, Roseland, on the brief).

Eric L. Probst submitted a brief on behalf of amici curiae Northeast Spa and Pool Association, New Jersey Landscape Contractors Association, National Kitchen and Bath Association, Community Builders and Remodelers Association and Builders League of South Jersey (collectively, the "Home Improvement Associations") (Porzio, Bromberg & Newman, attorneys; Mr. Probst and Raquel S. Lord, Morristown, on the briefs).

Justice HOENS delivered the opinion of the Court.

This appeal involves two related questions that require us to consider the grounds for imposing individual liability based upon a violation of the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20.

The first question concerns the interplay between CFA claims brought against corporate entities and individual employees or officers who are also named as defendants. More specifically, we consider whether...

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