Norris McLaughlin & Marcus, P.A.

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Class Action

Oct 05, 2017

Selling Consumer Products in the States: Focus New Jersey

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

Sep 14, 2017

2017 Lawsuit Climate Survey: Ranking the States

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

Feb 18, 2016

Pick-Off Strategies in Class Actions – Coming to a Non-U.S. Jurisdiction Near You?

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

May 30, 2012

Facebook Settles Class Action Over Use of Profile Photos in Sponsored Advertisements

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.

Facebook to settle class-action suit over Sponsored Stories» Read More

Jun 21, 2011

U.S. Supreme Court Shields U.S. Business from a Potentially Lethal Bullet – Wal-mart Stores v. Dukes

As a follow–up to our March 29, 2011 blog post, “Will the United States Supreme Court Declare an Open Season for Class Actions Against Business? – Wal-mart v. Dukes,” concerning the then-pending United States Supreme Court case, Wal-mart Stores, Inc. v. Dukes, Betty, et al., 10-277, we are happy to report that the Supreme Court yesterday reversed the Ninth Circuit Court of Appeals decision, and held  that class certification was not appropriate.  » Read More

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