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Class actions

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...

The Entire Controversy Continues to Have Potency

Francavilla v. Absolute Resolutions VI, LLC, 478 N.J. Super. 171 (App. Div. 2024). Judge Vanek wrote this opinion for the Appellate Division in this putative class action case. Her first...

This Week's Published Opinions

Another week, another week where work for clients made it impossible to keep up with the courts. This week featured two unanimous opinions from the Supreme Court, one civil, one...

As the New Term Begins, The Supreme Court Takes up Five New Appeals

Kicking off the new Term, the Supreme Court announced that it has granted review in five new cases. Four of those are civil cases, while one is a criminal matter...

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