Gregory J. Hauck Quoted in Legal Newsline Article, 'TGI Friday's Victorious at Appellate Level in Class Action Over Drink Prices'
Gregory J. Hauck, a partner with Pepper Hamilton, was quoted in the April 21, 2016 Legal Newsline article, "TGI Friday's Victorious at Appellate Level in Class Action Over Drink Prices."
Gregory Hauck, a partner with the firm Pepper Hamilton, said the decision by the Appellate Division of the New Jersey Superior Court in Dugan v. TGI Friday's Inc. could serve as a possible disincentive
to plaintiffs filing class action lawsuits and help root out frivolous lawsuits.
"The case was initiated in January 2010 and went on for years," Hauck told Legal Newsline. "And at the end of the day, plaintiffs lawyers are getting nothing."
...
"The plaintiffs claimed that customers didn't know the prices before buying their drinks, but the court said that a lot of them may not have even looked at the menu before ordering," Hauck said.
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Hauck said that the Appellate Division’s holding in the Dugan case can make things more challenging for plaintiffs. He advised defendants that if they have facts to demonstrate a plaintiff would not be able to prove their claims
using common evidence, they should consider fighting class certification.
"In a class action, plaintiffs must demonstrate that they can use common evidence to prove the elements of their claims," Hauck said.
Content contributed by attorneys of Troutman Sanders LLP and Pepper Hamilton LLP prior to April 1, 2020, is included here, together with content contributed by attorneys of Troutman Pepper (the combined entity) after the merger date.