Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq. (“Towing Act”), the Consumer Fraud Act, N.J.S.A. 56:8-1 ...
China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018). In American Pipe & Const. Co. v. Utah, 414 U.S. 538 (1974), the Supreme Court of the United States announced a rule that the timely filing of a class action tolls ...
Spade v. Select Comfort Corp., 232 N.J. 504 (2018). [Disclosure: My partner Susana Cruz Hodge and I submitted an amicus curiae brief in support of the plaintiffs in this case, on behalf of the Consumers League of New Jersey]. This ...
Gonzalez v. Owens Corning, 885 F.3d 186 (3d Cir. 2018). This putative class action case, brought by consumers in four states, asserted that “Oakridge” roof shingles sold by defendants (“Owens Corning”) were defective, and that defendants misrepresented the shingles’ useful ...
City Select Auto Sales, Inc. v. David Randall Associates, Inc., 885 F.3d 154 (3d Cir. 2018). This Telephone Consumer Protection Act (“TCPA”) case, involving unwanted faxes, was tried to a jury as to the individual defendant, the former president and ...
Empower our Neighborhoods v. Guadagno, 453 N.J. Super. 565 (App. Div. 2018). This was an election case under the federal and New Jersey civil rights acts, both of which provide attorneys’ fee-shifting in favor of a prevailing plaintiff. At the ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
Cottrell v. Alcon Laboratories, 874 F.3d 154 (3d Cir. 2017). Eye drops can be helpful to many people, but putting drops in one’s eyes is unpleasant at many levels. One of those levels– that prescription eye drop medication is delivered ...
Mellet v. Aquasid, LLC, ___ N.J. Super. ___ (App. Div. 2017). The decision in this consumer protection case was issued in June as an unpublished opinion. Defendant then asked the Committee on Opinions to designate it for publication, pursuant to ...
Collins v. Mary Kay, Inc., 874 F.3d 176 (3d Cir. 2017). This opinion of the Third Circuit today, written by Judge Restrepo, answers what he called “a layered choice-of-law question: what law governs the interpretation of a forum selection clause ...