Henry J. Daaleman

Summary

The Supreme Court of New Jersey held that the plaintiff's fraud claim concerning the utility's Purchased Gas Adjustment Clause falls within the exclusive jurisdiction of the Public Utilities Commission and is not cognizable under the Consumer Fraud Act, reversing the Appellate Division and reinstating the trial court's summary judgment for the utility. Justice Pashman filed a concurring opinion arguing that utilities may be subject to the Act when engaged in non‑rate‑related commercial activities.