On this date in 1994, the Supreme Court decided Cox v. Sears Roebuck & Co., 138 N.J. 2 (1994). This unanimous opinion by Justice Clifford continues to be one of the leading cases on the New Jersey Consumer Fraud Act, ...
In re Reglan Litigation, 226 N.J. 315 (2016). Plaintiffs in this mass tort matter claimed that defendants, who are generic manufacturers of metoclopramide, the generic version of the drug Reglan, were liable under New Jersey’s Product Liability Act, N.J.S.A. 2A:58C-1 ...
Catena v. Raytheon Company, 447 N.J. Super. 43 (App. Div. 2016). The time when a cause of action accrues, for purposes of triggering the statute of limitations, is a recurring and often thorny one. Most of the cases arise in ...
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, ...
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 ...
Evankavitch v. Green Tree Servicing, LLC, 793 F.3d 355 (3d Cir. 2015). “[A]bsent compelling reasons to the contrary, a party seeking shelter in an exception to the statute has the burden of proving it.” So stated Judge Krause in the ...
Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were “objective records” that could “readily identify” class members. Indeed, defendant’s own records revealed the computers on ...
Arias v. Elite Mortgage Group, Inc., 439 N.J. Super. 273 (App. Div. 2015). This opinion by Judge Reisner affirmed a grant of summary judgment in favor of the defendant bank and against the plaintiff mortgagors, applying the de novo standard ...
Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014). Plaintiff entered into a contract with defendant for debt-adjustment services. The contract contained an arbitration clause that did not state that plaintiff was waiving the right to sue in ...
Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals,, Inc., 765 F.3d 205 (3d Cir. 2014). Plaintiff Ferring and defendant Watson (now known as Actavis, Inc.) are competing pharmaceutical companies. Each company markets a prescription progesterone product. Watson presented a webcast for medical ...