On most days, the Appellate Division issues a significant number of opinions. But on many of those days, there are no published opinions among them, or only one or two such opinions. Yesterday, however, the Appellate Division issued four published ...
Mauthe, M.D., P.C. v. Optum Inc., 925 F.3d 129 (3d Cir. 2019). Plaintiff, a medical practice, received an unsolicited fax from defendants. Defendants maintain a database of healthcare providers, a database that they sell to various entities. To keep the ...
Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743 (2019). Among other changes made by the so-called Class Action Fairness Act of 2005, 28 U.S.C. 1453(b) (“CAFA”) made it easier for class action defendants to remove to federal court ...
In re Avandia Marketing, Sales Practices and Products Liability Litigation, 924 F.3d 662 (3d Cir. 2019). This appeal had an unusual subject: whether certain documents that defendant GlaxoSmithKline (“GSK”) had designated as confidential in the District Court, pursuant to a ...
Chirino v. Proud 2 Haul, Inc., 458 N.J. Super. 308 (App. Div. 2017), aff’d o.b., 237 N.J. 440 (2019). There is a long-settled general rule that an appellate court will not consider issues that have not been raised below. But ...
Lamps Plus, Inc. v. Varela, 139 S. Ct. 407 (2019). In Stolt-Nielsen, S.A. v. AnimalFeedsInt’l Corp., 559 U.S. 662 (2010), the Supreme Court of the United States, by a 5-3 vote, held that an agreement that is “silent” as to ...
On March 15, 2006, the Supreme Court decided Perez v. Rent-A-Center, 186 N.J. 188 (2006). By a 6-1 vote, with Justice Rivera-Soto issuing a partial dissent, the Court held in an opinion by Justice Long that “rent-to-own” contracts are subject ...
Kernahan v. Home Warranty Administrator of Florida, Inc., 236 N.J. 301 (2019). When the Supreme Court grants review based on a particular issue raised by the petitioner, but the petitioner subsequently abandons that issue, the Court has at least three ...
Finkleman v. National Football League, 236 N.J. 280 (2019). This opinion by Justice Patterson today answers certified questions posed by the Third Circuit Court of Appeals arising out of a putative consumer class action. The questions involve N.J.S.A. 56:8-35.1 of ...
Reinig v. RBS Citizens, N.A., 912 F.3d 115 (3d Cir. 2018). This was the final published opinion of 2018 for the Third Circuit. Authored by Judge Vanaskie, the opinion reverses an order that granted class certification under Federal Rule of ...