Today, the Supreme Court announced that it had granted certification to review the Appellate Division’s decision in Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). The question in the case, as phrased by the Clerk’s Office, ...
Wenger v. Cardo Windows, Inc., 2012 WL 280254 (App. Div. Feb. 1, 2012). Plaintiffs in this consumer class action sought injunctive relief and statutory civil penalties against defendants in connection with the sale of residential windows. In a lengthy and ...
Walker v. Giuffre, 209 N.J. 124 (2012). In Walker and Humphries v. Powder Mill Shopping Plaza, two different Appellate Division panels had each ruled that restrictive principles governing attorneys’ fee awards under federal fee-shifting statutes, as expressed in Perdue v. Kenny A., ___ U.S. ___, 130 ...
Today, I was one of two panelists on a webinar entitled “Class Action Settlement Objectors: Minimizing and Defending Challenges by Professional Objectors, Government Officials and Public Interest Groups.” My topic was plaintiffs’ tactics to combat professional objectors, while my co-presenter, ...
Sullivan v. DB Investments, Inc., 667 F.3d 273 (3d Cir. 2011). By a 7-2 vote, the Third Circuit, sitting en banc, disagreed with a panel decision (613 F.3d 134 (3d Cir. 2010)), vacated by the grant of en banc review) that had voided approval ...
Symczyk v. Genesis Healthcare Corp., 656 F.3d 189 (3d Cir. 2011). In Weiss v. Regal Collections, 385 F.3d 337 (3d Cir. 2004), the Third Circuit held that a defendant in a class action could not moot the case by making an offer of judgment that ...
Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011). This matter involves three consolidated cases. In each, one or more insureds sued their auto insurer after their cars had been fully repaired following an accident. Plaintiffs in each case asserted, ...
In re Mushroom Direct Purchaser Antitrust Litig., 655 F.3d 158 (3d Cir. 2011). Under Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949), certain rulings that are not final may be appealed immediately nonetheless. This is the “collateral order doctrine.” There are ...
Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011). The Telephone Consumer Protection Act, 47 U.S.C. §227 (“TCPA”), prohibits the sending of unsolicited faxes. The TCPA allows recipients of unwanted faxes to sue ...
Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011). The decision in this closely-watched employment discrimination putative class action, near the end of the current term of the Supreme Court of the United States, was not a surprise. The current Supreme Court is, ...