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Class actions

Appellate Division Oral Argument of the Week: Must Representative Actions Under the New Jersey Wage and Hour Law or the Prevailing Wage Act Satisfy Rule 4:32, Which Governs Class Actions?

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....

Appellate Division Oral Argument of the Week: Must Representative Actions Under the Wage and Hour Law or the Prevailing Wage Act Satisfy Rule 4:32, Which Governs Class Actions?

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....

Judge Gilson Reminds Us of Two Fundamental Class Action Principles

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....

Appellate Division Oral Argument of the Week: Did it Violate a Class Action Settlement That Barred Mass Opt-Outs to Allow Opt-Outs From a Marketing Campaign That Solicited Opt-outs?

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....

A New Batch: Five More Appeals for the Supreme Court

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....

The Past Week in the Appellate Division

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...

Class Action Waivers Are Enforceable Even Without Accompanying Mandatory Arbitration Clauses

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...

Cleaning Up From Last Week

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...

The Wage Payment Law Does Not Override An Independent Contractor Agreement Between A Real Estate Salesperson And A Broker For Whom The Salesperson Works

Kennedy v. Weichert Co., 257 N.J. 290 (2024). As discussed here, this putative class action case addressed whether written agreements under which plaintiff, a licensed real estate salesperson, entered in...

"Illusory Discounts" Violate the Consumer Fraud Act, But Private Plaintiffs Cannot Prevail

Robey v. SPARC Group, LLC, 256 N.J. 541 (2024). Today saw a relatively rare 4-3 decision from the Supreme Court. The majority consisted of Justice Solomon, the author of the...

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