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District of New Jersey Allows Consumer Fraud Act Claim to Proceed for New Jersey Resident, Dismisses Claim for Non-Resident

In deciding a motion to dismiss under Rule 12(b)(6) in a putative class action, the United States District Court for the District of New Jersey recently addressed, among other things, what is quickly becoming a hot button...more

New Jersey Appellate Division Reverses Class Certification in TGI Friday’s Consumer Fraud Class Action

Action Item: The Superior Court of New Jersey - Appellate Division reversed a trial court’s class certification decision in a consumer class action arising from whether TGI Friday’s decision to not post drink prices on its...more

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

Standing after Neale: Third Circuit Clarifies Jurisdictional Standing and Predominance Analysis in Consumer Class Actions

On July 22, 2015, in Joanne Neale, et al. v. Volvo Cars of North America, LLC, et al., the Court of Appeals for the Third Circuit vacated and remanded the United States District Court for the District of New Jersey’s decision...more

NJ Appellate Division Refuses Ascertainability Analysis in “Low-Value” Consumer Class Actions

Action Item: The New Jersey Appellate Division for the first time reviews the rapidly developing ascertainability doctrine and holds that the doctrine does not apply to low value consumer fraud class actions, setting the...more

Third Circuit Emphasizes Distinction between Ascertainability Analysis and Rule 23 Requirements

Action Item: Byrd, the latest in a recent line of cases from the Third Circuit concerning the ascertainability standard, emphasizes the importance of keeping the ascertainability analysis distinct from Rule 23’s other...more

The Third Circuit Distinguishes Between Types of Class Actions for Purposes of Its Ascertainability Analysis

Action Item: Shelton is the latest in a recent line of cases from the Third Circuit demonstrating that application of the ascertainability requirement in class action litigation continues to evolve. ...more

Class Ascertainability Continues To Become More Concrete

In a recent unpublished decision, District Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey analyzed the ascertainability prong on a motion for class certification, applying the recent trilogy...more

In re Paulsboro Derailment Cases: Putting the Brakes on Defendants’ Momentum Regarding Recent Ascertainability Developments Within...

In a recent unpublished decision, Judge Robert B. Kugler of the United States District Court for the District of New Jersey addressed the rapidly developing “ascertainability” requirement in class action litigation within the...more

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