A four-year-old consumer suit against Restaurant.com over time limits for online dining deals has been thrown out by a federal judge in New Jersey. But a lawyer for the would-be plaintiffs class said he will appeal.

The case, Shelton v. Restaurant.com, has already been up to the U.S. Court of Appeals for the Third Circuit, which held that the plaintiffs had a cognizable claim, based on an advisory opinion it obtained from the New Jersey Supreme Court.