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Tuesday, September 14, 2010

JEFFREY LIPKOWITZ, M.D., ET AL. V. HAMILTON SURGERY CENTER, LLC, ET AL. A-4489-08T1

JEFFREY LIPKOWITZ, M.D., ET AL. V. HAMILTON SURGERY

CENTER, LLC, ET AL.

A-4489-08T1 08-04-10

In this appeal we construe the term "financial detriment"

as found in the New Jersey Uniform Securities Law (USL),

N.J.S.A. 49:3-47 to -76, which requires that claimants prove

that they suffered a "financial detriment." N.J.S.A. 49:3-71

(b)(1). We hold that the USL indicates a legislative intent to

place investors in the same position they were in before making

the investments, not a preference of giving them the benefit of

their bargains.