Debra Dugan v. TGI Friday’s, Inc. (A-92-15; 077567)
Ernest Bozzi v. OSI Restaurant Partners, LLC
(A-93-15; 077556)
Because CFA class action jurisprudence rejects “price-inflation” theories, such as the theory presented by the Dugan plaintiffs, as incompatible with the CFA’s terms, the Dugan plaintiffs have not established predominance with respect to their CFA claims. Bozzi’s allegations focus primarily on a specific pricing practice. If the Bozzi class is redefined to include only customers who make that specific CFA claim, and the claim is limited accordingly, plaintiff Bozzi has met the requirements of Rule 4:32-1 and may attempt to prove that claim on behalf of the class. As to the TCCWNA claims in both appeals, plaintiffs have failed to satisfy the predominance requirement of Rule 4:32-1.
