Sun Chem. Corp. v. Fike Corp. & Suppression Sys. Inc.

In Sun Chem. Corp. v. Fike Corp. & Suppression Sys. Inc., the NJ Supreme Court responded to a certified question from the 3rd Circuit, and in so doing, dealt a blow to tort-reform advocates. The Court held that the state’s Products Liabilities Act — which allows for only basic tort damages — does not preempt actions based on the state’s Consumer Fraud Act — which provides for treble damages and attorney’s fees — that allege express or affirmative misrepresentations.

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