Mielo v. Steak ‘n Shake Operations, Inc., 897 F.3d 467 (3d Cir. 2018). This was an appeal under Rule 23(f) of the Federal Rules of Civil Procedure from a District...
Little v. Kia Motors America, Inc., 455 N.J. Super. 411 (App. Div. 2018). Class actions notoriously take a long time. But the case in which Judge Koblitz issued a decision...
Walsh v. Defenders, Inc., 894 F.3d 583 (3d Cir. 2018). The "local controversy" exception to federal jurisdiction over putative class actions under the so-called Class Action Fairness Act of 2005,...
Pisack v. B&C Towing, Inc., 455 N.J. Super. 225 (App. Div. 2018). This decision by Judge Gilson today in three consolidated appeals implicates the Predatory Towing Prevention Act, N.J.S.A. 56:13-7...
China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018). In American Pipe & Const. Co. v. Utah, 414 U.S. 538 (1974), the Supreme Court of the United States announced a...
Spade v. Select Comfort Corp., 232 N.J. 504 (2018). [Disclosure: My partner Susana Cruz Hodge and I submitted an amicus curiae brief in support of the plaintiffs in this case,...
Gonzalez v. Owens Corning, 885 F.3d 186 (3d Cir. 2018). This putative class action case, brought by consumers in four states, asserted that "Oakridge" roof shingles sold by defendants ("Owens...
City Select Auto Sales, Inc. v. David Randall Associates, Inc., 885 F.3d 154 (3d Cir. 2018). This Telephone Consumer Protection Act ("TCPA") case, involving unwanted faxes, was tried to a...
Empower our Neighborhoods v. Guadagno, 453 N.J. Super. 565 (App. Div. 2018). This was an election case under the federal and New Jersey civil rights acts, both of which provide...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts...