Yesterday, the New Jersey Supreme Court issued its long-awaited opinion in Dugan v. TGI Fridays, Inc. __ N.J. __ (2017). The opinion, which you can read here, provides a good summary of the most recent law governing class certification in New Jersey. It also provides guidance on the hotly-debated issues of who can be an “aggrieved consumer” under the New Jersey Truth in Consumer Contracts, Warranty and Notices Act (the “Act”), why that issue can affect the predominance prong of the class certification standard, and what type of right might be considered “clearly established” under the “Act”.» Read More
The U.S. Chamber Institute for Legal Reform just released its 2017 Lawsuit Climate Survey: Ranking the States. Sometimes this information can be useful to help a business decide where to locate, where to do business (or not), and where to litigate. This information can also be useful at times to make an argument in Court that a jurisdiction has become a favored venue (and why) for Plaintiffs from out of state, and might help support a forum non-conveniens motion. » Read More
“Disposable” plastic bags have become a ubiquitous element of retail shopping over the past several decades, with most consumers barely thinking about the volume or impact of their use and disposal. Thin plastic bags have become so inexpensive, that virtually all retail businesses offer them free of charge – at least where they are still permitted to do so.
Over the past decade, governments around the world have moved towards requiring businesses to participate in pollution-reduction efforts. » Read More
As discussed in Part I of this series, business owners are increasingly choosing to pursue the B-corporation form to combine their companies’ for-profit and public benefit purposes. B Lab, the independent non-profit that certifies B-corporations’ social and environmental benefits, recently reported increased instances of B-corporations forming outside the United States, and the B-corporation form may also help attract investors from around the world. » Read More
In 2006, Yvon Chouinard, the founder of sportswear giant Patagonia, published a corporate memoir that would equally inspire board members in three-piece suits and surfers in wetsuits. Let My People Go Surfing: The Education of a Reluctant Businessman attempts to reshape the way we think about business, and Chouinard leads by example. He writes, “Who are businesses really responsible to? » Read More