On Thursday, March 12, the Appellate Division will hear oral argument in Martinez v. T. Slack Environmental Services, Inc. The issue on appeal is whether plaintiff's lawsuit, predicated on the New Jersey Wage and Hour Law, and the Prevailing Wage Act, must satisfy the criteria of Rule 4:32, the class action rule. The Law Division found that unnecessary....
On Thursday, March 12, the Appellate Division will hear oral argument in Martinez v. T. Slack Environmental Services, Inc. The issue is whether plaintiff's lawsuit, predicated on the New Jersey Wage and Hour Law, and the Prevailing Wage Act, must satisfy the criteria of Rule 4:32, the class action rule. The Law Division found that unnecessary....
Paciorkowski v. Jetson Electric Bikes LLC, ___ N.J. Super. ___ (App. Div. 2026). Plaintiff, an attorney, filed a putative class action for consumer fraud and on other theories against defendant He alleged that he had purchased three electric bikes from defendant, that the bikes had several problems that made them essentially unusable by adults, and that New Jersey law effectively made the bikes illegal to use in New Jersey....
On Tuesday, September 30, judges on Part G of the Appellate Division will hear oral argument in Esposito v. Cellco Partnership d/b/a Verizon Wireless. The case follows from a $100 million nationwide class action settlement that had required class members who decided to exclude themselves from the settlement and potentially pursue their own litigation against Verizon to opt out individually, and barred mass opt-outs. However, Murphy Advocates, LLC, a Colorado law firm conducted a marketing campaign to create a mass opt-out that attracted about 11,000 class members who responded to Murphy that they wished to opt out....
The Supreme Court announced that it has granted review in five more appeals. On of those matters is before the Court on leave to appeal. In the others, the Court granted certification....
Hopkins v. LVNV Funding, LLC, ___ N.J. Super. ___ (App. Div. 2025). This appeal arose out of a Special Civil Part action by LVNV Funding, LLC ("LVNV") on January 26, 2022 to collect an alleged $746.71 debt originally owed to Credit Bank One, N.A. LVNV alleged that it was the successor in interest and owner of the alleged debt, at the tail end of a long line of successors. Hopkins filed an Answer and a class action counterclaim, alleging that LVNV and the others in its chain of successors were not licensed to conduct business as consumer lenders or sales finance companies pursuant to the New Jersey Consumer Finance Licensing Act ("CFLA"), N.J.S.A. 17:11C-1 to -49....
On this date in 2004, the Supreme Court decided Smith v. SBC Communications, Inc., 178 N.J. 265 (2004). The case was a putative Consumer Fraud Act ("CFA") and breach of contract class action against Southern New England Telephone Company ("SNET") and BJ's Wholesale Club, Inc. Plaintiff alleged that defendants falsely advertised that prepaid calling cards purchased at BJ's would yield substantially more calling time than plaintiff actually received....
Since last Friday, one week ago, the Appellate Division issued three published opinions (not counting its opinion in the Verizon case that the Supreme Court decided yesterday, in which the...
Pace v. Hamilton Cove, 258 N.J. 82 (2024). Class action waivers and mandatory arbitration provisions often appear together in consumer contracts. They are among the tools sellers use to restrict...
Due in part to my attendance at the NJSBA Annual Meeting last week, this blog is somewhat behind on last week's published opinions by the Supreme Court and the Appellate...
