Henry J. Daaleman

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the trial court's summary judgment for Elizabethtown Gas Company, holding that the Consumer Fraud Act does not apply to the utility's rate‑adjustment clause and that exclusive jurisdiction lies with the Public Utilities Commission. The Court declined original jurisdiction under the doctrine of primary jurisdiction. Justice Passman's concurrence disagrees, arguing the Act should apply and treble damages are mandatory.