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Anthony Twardowski Defeats Certification In Multi-Million Dollar Class Action

November 1, 2016

In a lawsuit alleging multiple violations of a host of New Jersey consumer protection laws, plaintiffs sought to represent a class of health club members consisting of over 120,000 individuals.  If class certification was granted, the client’s exposure for mandatory statutory damages alone exceeded $12 million.  Recovery of attorneys’ fees and actual damages increased the exposure even further.  Through comprehensive and detailed briefing and argument, Anthony Twardowski and his team onvinced the Court that the prerequisites for class certification had not been satisfied.  The Court issued its decision from the bench at the conclusion of oral argument, basing its rationale on each of the points raised by Tony in his opposition brief.  While the case technically is not over, as the named plaintiffs still may pursue their individual claims, the exposure has been reduced dramatically, from multiple millions of dollars to approximately $100.


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