Mandelbaum Barrett PC secured a significant victory defending a class action lawsuit filed against Retro Fitness gym franchises throughout New Jersey. After ten years of litigation, a favorable decision from the Appellate Division, and hard-fought trial court motion practice, a judge in the Superior Court of New Jersey, Middlesex County, dismissed hundreds of putative defendants and the vast majority of plaintiffs’ claims.
Plaintiffs alleged the Retro Fitness gym membership agreements contained unlawful terms in violation of numerous state statutes seeking to create a class of all gym members in all Retro Fitness gyms statewide. They further sought to sue the individual owners of each gym and the individual owners of the corporate franchisor. In doing so, Plaintiffs sought to create a class of millions of gym members and hundreds of defendants in the hope of securing tens of millions of dollars in damages – bankrupting the majority of small business owners operating the franchises.
Firm partner Joshua S. Bauchner coordinated with counsel for the franchisor and a third-party billing provider to defeat the action freeing our clients from Plaintiffs’ dragnet and fabricated claims.
