Polsky v. United States, 844 F.3d 170 (3d Cir. 2016). Plaintiffs are the parents of a permanently disabled daughter. They claimed a child tax credit on two years’ federal tax returns. The Internal Revenue Service disallowed that claim, on the ...
Chassen v. Fidelity Nat’l Financial, Inc., 836 F.3d 291 (3d Cir. 2016). [Disclosure: I was an expert witness for plaintiffs in this case, but my Declaration and deposition testimony was not the subject of, or referred to in, this opinion]. ...
Chavez v. Dole Food Co., 836 F.3d 205 (3d Cir. 2016). In the classic Charles Dickens book “Bleak House,” the legal case of Jarndyce v. Jarndyce ran for so many years that “[i]nnumerable children have been born into the cause; ...
In re Comcast Corp. Set-Top Cable Television Box Antitrust Litig., 2016 U.S. App. LEXIS 16135 (3d Cir. Aug. 31, 2016). It is not often that the Third Circuit summarily reverses a decision in a class action case. This brief opinion ...
The Supreme Court has granted certification of class certification decisions in two cases under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., and the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 et seq. One of the cases, ...
Doe v. Hesketh, 828 F.3d 159 (3d Cir. 2016). Today, the Third Circuit, in an opinion by Judge Greenaway, ruled in a case of a child victim of federal crimes related to child pornography, under 18 U.S.C. §2255. The government ...
Spokeo, Inc. v. Robins, ___ U.S. ___ (2016). Class action defendants often label cases seeking statutory damages as “no-injury class actions.” Those defendants do not like statutes such as the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”), which was ...
In re NFL Players Concussion Injury Litig., 821 F.3d 410 (3d Cir. 2016). Too often, objectors to settlements of class action litigation “risk making the perfect the enemy of the good,” to quote Judge Ambro’s opinion for the Third Circuit ...
Weitzner v. Sanofi Pasteur, Inc., 819 F.3d 61 (3d Cir. 2016). Earlier this year, in Campbell-Ewald Co. v. Gomez, 136 S.Ct. 663 (2016), discussed here, the Supreme Court of the United States rejected an attempt by a class action defendant ...
Dugan v. TGI Fridays, Inc., 445 N.J. Super. 59 (App. Div. 2016). This putative consumer class action has a long procedural history, including a previous appeal to the Appellate Division, but its facts are relatively simple. Plaintiffs bought drinks at ...