Pace v. Hamilton Cove, 475 N.J. Super. 568 (App. Div. 2023). Class action waivers have infested numerous areas of our commercial lives, including cellphone contracts, banking agreements, and other documents...
Achey v. Cellco Partnership, 475 N.J. Super. 446 (App. Div. 2023). New Jersey and federal law favor arbitration, and courts will often enforce arbitration clauses contained in consumer contracts. But...
Major Changes to the Appellate Rules, Effective September 1, 2022
In an omnibus rule amendment, the Supreme Court announced extensive rules changes that will take effect on September 1, 2022. Those amendments include significant changes to the appellate rules contained...
Adam v. Barone, 41 F.4th 230 (3d Cir. 2022). [Disclosure: I am one of the counsel for the successful plaintiff in this case]. Here is how Judge Smith began his...
Allen v. Ollie's Bargain Store, Inc., 37 F.4th 890 (3d Cir. 2022). This blog has reported on several Third Circuit cases in which a unanimous panel opinion was accompanied by...
Laudato v. EQT Corporation, ___ F.4th ___ (3d Cir. 2022). Federal Rule of Civil Procedure 23(f) states that "[a] court of appeals may permit an appeal from an order granting...
In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: Mallet and Company Inc. v. Lacayo, ___ F.4th...
Branch v. Cream-O-Land Dairy, ___ N.J. ___ (2021). As summarized here, the Appellate Division in this overtime Wage and Hour Law ("WHL") class action case reversed a summary judgment ruling...
Hargrove v. Sleepy's Inc., 974 F.3d 467 (3d Cir. 2020). Readers of this blog know of my distaste (to say the least) for the Third Circuit's unique interpretation of the...
In re Suboxone Antitrust Litig., 967 F.3d 264 (3d Cir. 2020). In this antitrust class action case, direct purchasers of Suboxone, a prescription pharmaceutical used to treat addiction to opioids,...