The viability of a putative class suit against T.G.I. Friday’s for failing to disclose beverage prices on its menu depends on whether the lead plaintiff bought his drink at the behest of his lawyers, a federal judge has ruled.

Named plaintiff Michael Grace claims he suffered monetary injury because the $10.39 he was charged for a mixed drink at Friday’s on Sept. 30, 2014 was unreasonable and unknown until he got the bill. For federal court jurisdiction, the plaintiff must demonstrate an injury in fact, and whether he retained counsel before or after he visited the restaurant is relevant to whether he suffered an injury, U.S. District Judge Robert Kugler of the District of New Jersey ruled March 14 in Grace v. T.G.I. Friday’s.

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