The Supreme Court has granted certification to review the decision of the Appellate Division in Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013). The decision below is discussed here. The question presented, as phrased by the Supreme Court Clerk’s Office, ...
Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). In Marcus v. BMW of North America, Inc., 687 F.3d 583 (3d Cir. 2012), the Third Circuit embarked on a very dangerous path in addressing the obligation of a putative class action plaintiff ...
Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. 2013). In this consumer class action, the Third Circuit, in an opinion by Judge Scirica, vacated class certification. That decision rested largely on the fact that the district court had not had ...
Shelton v. Restaurant.com, Inc., 214 N.J. 419 (2013). [Disclosure: I argued this case in the Supreme Court for the successful plaintiffs]. This consumer protection case has had a long odyssey. Originally filed in the Law Division, Middlesex County, the case was then ...
Oxford Health Plans LLC v. Sutter, 133 S.Ct. 2064 (2013). In Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012), discussed here, the Third Circuit upheld an arbitrator’s interpretation of the parties’ contract that found that the contract permitted ...
Genesis Healthcare Corp. v. Symczyk, 133 S.Ct. 1523 (2013). Of all the current sitting Justices of the Supreme Court of the United States, Justice Scalia is the one who would normally come to mind when the subject of sarcasm in Supreme ...
Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013). In this antitrust class action case, the Supreme Court of the United States split 5-4, among all too predictable lines. The majority, in a short opinion by Justice Scalia in which Chief Justice Roberts ...
Standard Fire Ins. Co. v. Knowles, 133 S.Ct. 1345 (2013). Class action plaintiffs often prefer, for strategic or tactical reasons, to bring their cases in state courts, while class action defendants normally favor federal courts. As a result, when plaintiffs bring class ...
Rosen v. Continental Airlines, Inc., 430 N.J. Super. 97 (App. Div. 2013). The holding of this decision affirmed a defense motion to dismiss this putative class action case for failure to state a claim. Plaintiff had bought a headset from defendant on an airline flight. Defendant had stated at ...
In re Diet Drugs, 706 F.3d 217 (3d Cir. 2013). This is the latest of the many chapters in the Diet Drugs class action litigation, which was the subject of a global settlement in 1999. A pair of class members, the Cauthens, sought ...