Avalon at Edgewater Fire Class Action Proceeds, With One Less Claim
Earlier this week, the federal court handling the Avalon at Edgewater fire class action, in which LDG is a court-appointed co-lead counsel, dismissed the plaintiffs’ claim under the New Jersey Consumer Fraud Act. Among other things, AvalonBay had advertised Avalon at Edgewater as a luxury complex with “thoughtfully designed floor plans,” when in fact the buildings were a fire trap that quickly burned to the ground when AvalonBay’s employees negligently started the fire. Despite that, the court found that the plaintiffs had not done enough to show consumer fraud, and that “not every alleged wrong can be remedied with every cause of action.” AvalonBay has not tried to dismiss the plaintiffs’ other causes of action, and those claims are proceeding. Plaintiffs’ motion for class certification has already been filed, and briefing on that motion is to conclude in January 2016. Meanwhile, the court has scheduled a settlement conference for December 14, 2015, in an effort to achieve a prompt and fair resolution for all Avalon at Edgewater tenants.