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Class actions

In New Jersey, A Class Action is Not Appropriate for Telephone Consumer Protection Act (Unwanted Faxes) Claims

Local Baking Products, Inc. v. Kosher Bagel Munch, Inc., 421 N.J. Super. 268 (App. Div. 2011). The Telephone Consumer Protection Act, 47 U.S.C. §227 ("TCPA"), prohibits the sending of unsolicited...

Wal-Mart v. Dukes- Predictably, Another Anti-Class Action Decision by the U.S. Supreme Court

Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011). The decision in this closely-watched employment discrimination putative class action, near the end of the current term of the Supreme Court of the...

A Poor Judicial Product and a Disaster for Consumer Protection: A Lengthy Analysis of AT&T v. Concepcion

AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011). From the same people who brought us the outrageous 5-4 decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S....

Cy Pres Payment of Unclaimed Funds in Class Actions

In re Pet Food Products Liability Litigation, 629 F.3d 333 (3d Cir. 2010). This lengthy opinion affirms the certification of a settlement class but reverses the approval of the settlement in one...

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