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Litigation Minute: What Types of PFAS Claims Are Being Filed? (PFAS Series: Part Three)

What You Need to Know in a Minute or Less - In a minute or less, here are the key points manufacturers, distributors, and retailers of consumer products need to know about recent lawsuits related to per- and polyfluoroalkyl...more

New Jersey Supreme Court Rejects Class Certification of TCCWNA Claims in Drink Price Actions

Amidst the significant increase in consumer class action litigation under New Jersey’s Truth in Consumer Contract Warranty and Notice Act (“TCCWNA” or the “Act”), the New Jersey Supreme Court ruled that TCCWNA claims could...more

The New Jersey Appellate Division Confirms that TCCWNA Applies Only to “Consumers”

In the wake of a flood of consumer class-action lawsuits under the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”), the New Jersey Appellate Division recently put the brakes on plaintiffs’ lawyers in...more

Untangling the Webb of Arbitrability: The Fourth Circuit Holds That Courts Determine the Availability of Class-Wide Arbitration

Is the availability of class-wide arbitration a “gateway” question for courts, or are arbitrators charged with such a decision once a matter is compelled to them? In Dell Webb Communities, Inc. v. Carlson, the Fourth Circuit...more

“Who Decides” Whether Class Arbitration Is Available?: The Third Circuit Provides New Guidance in Chesapeake Appalachia, LLC v....

The U.S. Court of Appeals for the Third Circuit (the “Court”) has spoken again on the issue of “who decides” whether parties must arbitrate a dispute on a classwide basis. In 2014, the Court ruled that “unless the parties...more

District of New Jersey Decision Denying Class Certification in Paulsboro Train Derailment Case Highlights Increasing Importance of...

The District of New Jersey’s recent decision in In re Paulsboro Derailment Cases, No. 13-784 (D.N.J. Aug. 20, 2014), demonstrates the increasing importance of the implied requirement of ascertainability and provides guidance...more

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