Schnader Harrison Segal & Lewis LLP

1600 Market Street Suite 3600
Philadelphia, PA 19103-7286, United States

  • 215-751-2000

Recent NJ Appellate Court Decision Indicative of Continuing Uncertainty Regarding Personal Jurisdiction Over Foreign Manufacturers Using U.S. Distributors

The past few years have seen the United States Supreme Court issue a number of important decisions on the subject of personal jurisdiction. For example, the Court’s decisions in Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and…more
| Civil Procedure, Commercial Law & Contracts, International Law & Trade, Products Liability

EEOC Challenge to CVS Severance Agreement Dismissed Due to Agency’s Failure to Engage in Conciliation

Late last year the United States Equal Employment Opportunity Commission (EEOC) sued CVS in the Northern District of Illinois claiming that the retail pharmacy’s standard form severance agreement and release violated Title VII…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

NJ Banks May Not Face Common Law Tort Claims for Improper Electronic Funds Transfers

The New Jersey Supreme Court in a matter of first impression held that a non-customer of a bank cannot bring a common law negligence claim against that bank for an improper money transfer via the Internet. In ADS Associates…more
| Commercial Law & Contracts, Finance & Banking, Business Torts

American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski

The intersection of class actions and arbitration continues to raise issues for parties to consider in evaluating whether arbitration clauses do or do not permit class actions in arbitration. One such issue involves who gets to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

NJ Supreme Court: Consumer Contract Arbitration Clauses are Unenforceable Unless Consumers Are Clearly Notified that Court Redress is Waived

Arbitration clauses in consumer contracts are unenforceable in New Jersey unless they specifically state that a consumer is waiving the right to pursue statutory and constitutional remedies in court, the New Jersey Supreme Court…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection

Eighth Circuit Opens Circuit Split on the Scope of the Equal Credit Opportunity Act

The Equal Credit Opportunity Act (ECOA) makes it unlawful for any creditor “to discriminate against any applicant, with respect to any aspect of a credit transaction . . . on the basis of . . . marital status.” The statute was…more
| Civil Procedure, Civil Rights, Finance & Banking

The Third Circuit Limits the “Benign Language” Exception to the FDCPA Without Endorsing It

Among other things, the Fair Debt Collection Practices Act prohibits a debt collector from using “any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the…more
| Finance & Banking, Consumer Protection

Supreme Court of PA Reaffirms the Broad Scope of the Commonwealth Court’s Declaratory Judgment Jurisdiction in Challenges to Agency Interpretations of Statutes

Many Pennsylvania Lawyers only encounter the Commonwealth Court of Pennsylvania in its appellate guise, but the court enjoys an unusual hybrid nature, having both appellate and original jurisdiction. The court’s original…more
| Administrative Law, Civil Procedure, Civil Remedies

No Right to Jury Trial Under Pennsylvania’s Whistleblower Statute

On August 19, 2014, the Pennsylvania Superior Court held that individuals bringing suit under the Pennsylvania Whistleblower Law have no right to a jury trial. Writing for the court, Judge Judith Olson explains that “the plain…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

NJ “Ban the Box” Law Restricts Employers from Inquiring about Criminal Records of Prospective Employees During Initial Application Process

New Jersey Governor Chris Christie signed The Opportunity to Compete Act (A-1999) on August 11, 2014, barring private employers from asking prospective employees about their criminal records during the initial job application…more
| Civil Rights, Labor & Employment Law

Third Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide Arbitration

Who decides whether an arbitration agreement allows for class-wide arbitration — a court or an arbitrator? In the wake of mixed signals from the U.S. Supreme Court, lower courts have been reluctant to answer this question…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Eleventh Circuit Holds That Filing a Time-Barred Proof of Claim in a Bankruptcy Proceeding Violates the FDCPA

The Fair Debt Collection Practices Act (FDCPA) provides that debt collectors “may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” Nor may a debt collector “use…more
| Bankruptcy, Finance & Banking, Consumer Protection

NJ Appellate Courts Permit Employers to Shorten Statute of Limitations Period Through Employment Applications

A New Jersey Appellate Court recently held that a provision in an employment application shortening the statute of limitation from two years to six months was enforceable under New Jersey law. As a result, the employee’s…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Upcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated

Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes. Sometimes, they are consolidated only for limited purposes of discovery or pretrial proceedings. A case in which…more
| Antitrust & Trade Regulation, Civil Procedure, Finance & Banking

PA Superior Court Indicates that Filing a Motion for Compulsory Non-Suit Alone May Preserve the Right to Request JNOV After Trial

Pennsylvania lawyers must be alert to situations in which they may waive their appellate rights, especially where the requirements for preserving those rights are murky. One of those murky areas in the Pennsylvania state courts…more
| Civil Procedure, Personal Injury
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