Today is the fortieth anniversary of Roe v. Wade, 410 U.S. 113 (1973).  That decision, written by Justice Blackmun, an appointee of President Nixon, and joined in by Justices as liberal as Douglas, Brennan and Marshall and as conservative as ...

As reported here, the Supreme Court of New Jersey previously granted review of Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011), a putative consumer class action case .  The Appellate Division’s decision that was to be reviewed ...

Benjamin v. Pennsylvania Dep’t of Public Welfare, 701 F.3d 938 (3d Cir. 2012).  In this class action brought by persons with mental retardation who reside in intermediate care facilities operated by defendants, the issue was whether other intermediate care facility residents could ...

Bellevue Drug Co. v. Caremark SPCS, 700 F.3d 109 (3d Cir. 2012).  This was an antitrust class action.  Plaintiffs, who are retail pharmacy businesses, and defendant, who is a prescription benefits manager for drug benefit plans, entered into written agreements under which plaintiffs would provide prescription ...

Marcus v. BMW of North America, Inc., 687 F.3d 583 (3d Cir. 2012).  “Run-flat” tires (“RFT’s”) are automobile tires that can, as their name implies, continue to run for 50 to 150 miles, at 50 miles per hour, even when ...

Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012).  This class action case involved allegations that Volkswagen vehicles had defective sunroofs that allowed water to infiltrate into the interior of the vehicles.  The parties reached a settlement that created two categories of ...

On this date in 1995, the Third Circuit Court of Appeals decided In re General Motors Corp. Pick-Up Truck Fuel Tank Products Liab. Litig., 55 F.3d 768 (3d Cir. 1995).  The opinion, written by Judge Becker, was a seminal decision when written ...

Little v. Kia Motors America, Inc., 425 N.J. Super. 82 (App. Div. 2012).  In this consumer class action, which involved alleged defects in Kia automobiles, Judge #1 presided over a classwide jury trial.  The jury found for plaintiff and the class on the issue of ...

Sutter v. Oxford Health Plans, LLC, 675 F.3d 215 (3d Cir. 2012).  Decisions in favor of class arbitration may seem to be few and far between these days.  But in this case, an arbitrator and the Third Circuit Court of Appeals came ...

The same ill-conceived legislation to allow immediate appeals of all decisions on class certification that was introduced in the Assembly last year has been reintroduced this year by the same sponsors and one new co-sponsor.  The bill is designated as A894.  The bill ...