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
In the past, class actions were most prevalent in the United States and Canada. With class action and similar procedures spreading throughout the globe, it pays to track and learn from developments in the U.S. In the U.S., defendants have tried to defeat class actions by offering the class representative full value in settlement of that individual’s claim. A putative class action typically needs an adequate representative to proceed to class action status.» Read More
Facebook has settled a class action suit arising out of the display of sponsored advertisements using profile photos of Facebook users when the users’ friends accessed Facebook. The plaintiffs claimed that these sponsored ads, which resulted from their “liking” a brand on Facebook, violated their right of publicity.