Supreme Court of New Jersey
Martin Weinberg v. Sprint Corporation…
July 22, 2002173 N.J. 233
Summary
The Supreme Court of New Jersey affirmed the Appellate Division, holding that a private plaintiff may not pursue injunctive relief or attorney‑fee awards under the Consumer Fraud Act unless the plaintiff can plead an ascertainable loss that survives a summary‑judgment motion; because the plaintiff failed to do so, his remaining claims were dismissed. Justice Verniero dissented, arguing that the filed‑rate doctrine should not bar the plaintiff's consumer‑protection claims.