DeSIMONE v. SPRINGPOINT SENIOR

A-37 September Term 2022 087891.

306 A.3d 1276 (2024)

256 N.J. 172

William DeSIMONE, as Executor of the Estate of Evelyn DeSimone, deceased, individually in such capacities and on behalf of all others similarly situated, Plaintiff-Respondent, v. SPRINGPOINT SENIOR LIVING, INC., Springpoint at Monroe Village, Inc., Springpoint at Montgomery, Inc., Springpoint at Crestwood, Inc., Springpoint at Meadow Lakes, Inc., and Springpoint at the Atrium, Inc., Defendants-Appellants.

Supreme Court of New Jersey.

Decided January 10, 2024.


Attorney(s) appearing for the Case

Bruce W. Clark , Princeton, argued the cause for appellants (Clark Michie and Morgan Lewis & Bockius, attorneys; Bruce W. Clark , Christopher J. Michie , Stephanie R. Feingold , Princeton, and Jamie Huffman , Princeton, on the briefs).

Eric S. Pasternack argued the cause for respondent (Cohen, Placitella, & Roth and Mayer Law Group, attorneys; Eric S. Pasternack , Christopher M. Placitella , Michael Coren , William L. Kuzmin , Red Bank, and Carl Mayer , on the briefs).

Alex R. Daniel argued the cause for amicus curiae New Jersey Civil Justice Institute (New Jersey Civil Justice Institute, attorneys; Anthony M. Anastasio, of counsel, and Alex R. Daniel, of counsel and on the brief).

Edward J. Fanning, Jr., Newark, argued the cause for amici curiae New Jersey Business & Industry Association, New Jersey Chamber of Commerce, and Commerce and Industry Association of New Jersey (McCarter & English, attorneys; Edward J. Fanning, Jr., David R. Kott, Newark, and Leroy E. Foster, of counsel and on the brief).


In 1960, the Legislature enacted the New Jersey Consumer Fraud Act (CFA) to protect New Jersey consumers from unconscionable and deceptive commercial practices. Over time, to achieve that goal, the Legislature has expanded consumer protections through various supplemental statutes, one of which...

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