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Restaurant.com still awaiting fate in federal lawsuit
7-Jun-14 – It has been almost six months since the last brief was filed to support a motion to dismiss a federal lawsuit against an Illinois company owned by two River North residents. Two New Jersey residents are suing on behalf of themselves and others over gift certificates they purchased from Restaurant.com that had expiration dates and a disclaimer in violation of New Jersey law. On January 21, attorneys for RDC filed a reply brief, arguing the dispute is over “alleged technical violations” of law and that no one actually lost any money. On Thursday, a plaintiff attorney confirmed they are still waiting for a decision by United States District Judge Joel A. Pisano. The case has been before New Jersey’s Supreme Court and a U.S. Court of Appeals. It has helped clarify how contract law applies to intangible gift certificates purchased online and it has inspired advice to businesses that sell gift cards and certificates to avoid expiration dates. RDC faces as much as $1 million in fines depending on whether the court continues to hear the case and if so, how it decides the case. Dr. Kenneth Chessick, a lawyer in Chicago, and his wife, Ellen Chessick, who is president of Marina Towers Condominium Association, own the Arlington Heights company.
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