Supreme Court of New Jersey

William W. Allen and Vivian Allen, Plaintiffs-Respondents v. v and a Brothers, Inc., D/B/A Caliper Farms Nursery…

July 7, 2011208 N.J. 114

Summary

The Supreme Court held that individuals who own, manage, or work for a corporation may be personally liable under the New Jersey Consumer Fraud Act when they personally participate in the prohibited conduct, and it reversed the appellate court’s preclusion of those individuals from relitigating the quantum of damages. The Court also found that collateral estoppel does not bar the individual defendants from contesting damages absent clear privity and fairness, and remanded for further determination of individual liability.