Legal Opinion

Kawa v. Wakefern Food Corp. Shoprite Supermarkets, Inc.

New Jersey Superior Court Appellate Division

Decided June 8, 2009PublishedCited by 3 opinions

1Opinion of the Court

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

Plaintiff Elizabeth Kawa, for herself and others similarly situated, appeals from summary judgment dismissal of her Consumer Fraud Act class action suit with prejudice for failure to state a claim against defendant supermarkets (collectively Shoprite) for allegedly collecting more sales tax than is required by the Sales and Use Tax Act. She renews the arguments made to the Tax Court. We affirm substantially for the reasons set forth by Judge Menyuk in her comprehensive published opinion. Kawa v. Wakefern Food Corp. Shoprite…

2Cases cited3 opinions

  1. Lemelledo v. Beneficial Management Corp. of AmericaSupreme Court of New Jersey · 1997
  2. Smerling v. Harrah's Entertainment, Inc.New Jersey Superior Court Appellate Division · 2006
  3. Kawa v. Wakefern Food Corp. Shoprite Supermarkets, Inc.New Jersey Tax Court · 2008

3Cited by3 opinions

  1. Emily M. Bass, on Behalf of Herself and All Others Similarly Situated v. J.C. Penney Company, Inc.Supreme Court of Iowa · 2016
  2. New Cingular Wireless PCS, LLC v. Director, Division of TaxationNew Jersey Tax Court · 2014
  3. PATRICK BARILE VS. GF-PASSAIC FOODS, LLC (L-0659-17, PASSAIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018

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