After the New Jersey Supreme Court raised the bar for claims under the state’s consumer protection law, one of the cases giving rise to the appeal has been voluntarily dismissed, while plaintiffs in the other case on appeal have said their case is still viable.

On Monday the U.S. Court of Appeals for the Third Circuit vacated the dismissal of Spade v. Select Comfort and remanded it to U.S. District Court for further proceedings. The appeals court said the plaintiffs are free to amend their pleadings, if they wish, to comply with the New Jersey Supreme Court’s April 16 ruling in the case.