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Jeremy N. Nash

Jeremy N. Nash

Counsel Newark, NJ973.877.3815 jnash@litedepalma.comLegal Assistant: Elvira Palomino973.877.3833 epalomino@litedepalma.com

Jeremy Nash is a member of Lite DePalma Greenberg’s Newark-based class litigation team. He has extensive experience representing individual and institutional clients in complex matters around the United States, including consumer fraud, product liability, data breach, employment, and securities class actions.

Jeremy’s tireless approach to class litigation has produced a number of important victories for the people and businesses he represents. Most recently, in Mendez v. Avis Budget Group, Inc., No. 11-cv-6537 (D.N.J.), Mr. Nash was appointed lead counsel for multiple classes – a Nationwide Class, Florida Subclass, and New Jersey Subclass – in a consumer fraud case alleging a long-running course of wrongful conduct affecting more than 18 million rental transactions over a 9-year period. Jeremy is currently preparing the case for trial.

Jeremy is accomplished in managing the litigation process and shepherding disputes towards resolution, which skills are informed by his trial experience. He served as a member of lead counsel’s trial team in In re Vivendi Universal, S.A. Securities Litig., No. 02-cv-5571 (S.D.N.Y.), one of only a handful of securities fraud cases tried to a favorable jury verdict since the passage of the Private Securities Litigation Reform Act of 1995.

“In many ways,” says Jeremy, “communication is the most important part of my job as a class action litigator. The ability of our client to represent the class, of defense counsel to understand the merits of our arguments, and of the Court to appreciate why our case is important—these things all hinge on my ability to tell the story.”

FOR CLIENTS

To prevail in class action lawsuits, litigators must remain focused on their clients’ claims and defenses over extended periods of time while also planning for eventualities that are constantly changing. Jeremy’s track record demonstrates he is adept in both areas.

In Mendez v. Avis Budget Group, Inc., No. 11-cv-6537 (D.N.J.), for example, the recent ruling granting plaintiff’s motion for class certification was 6 years in the making. During that time, Jeremy negotiated and oversaw the production of millions of pages of discovery, electronic records for over 18 million rental transactions, and depositions of over a dozen fact and expert witnesses. In those intervening years, Mr. Nash succeeded in culling sufficient proof required to obtain class certification, which is an immediate concern during discovery. Simultaneously, he also helped identify and obtain a Court ruling that a defendant had intentionally spoliated evidence greatly bolstering the strength of the classes’ case going into trial, which was at that time still 4 or more years away.

The quality of Jeremy’s advocacy is also reflected by a number of favorable district court rulings elsewhere around the country. In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772, 779 (N.D. Ill. 2016) (motion to dismiss denied in case alleging consumer fraud and other similar claims in connection with premature failure of defendant’s “Restore” line of paint products); Keith v. Ferring Pharms., Inc., No. 15-cv-10381, 2016 U.S. Dist. LEXIS 131808 (N.D. Ill. Sep. 27, 2016) (motion to dismiss denied in case alleging breach of warranty and related claims in connection with recall of fertility drug Bravelle); Rockwood Ret. Cmtys. v. Insinkerator & Emerson Elec. Co., No. 15-cv-0346, 2016 U.S. Dist. LEXIS 78219 (E.D. Wash. June 15, 2016) (motion to dismiss denied in case alleging the defendants’ water filtration units were defective).
In addition to experience at the district court level, Jeremy offers his clients significant expertise gained in matters before U.S. Courts of Appeals for the Second, Seventh, and Ninth Circuits. He played an integral role in obtaining, for example, the Second Circuit’s affirmance of a favorable jury verdict, the “inflation maintenance” theory of loss causation, and other important trial court rulings in In re Vivendi, S.A. Sec. Litig., Nos. 15-cv-180, 15-cv-208, 2016 U.S. App. LEXIS 17566, at *5 (2d Cir. Sep. 27, 2016). Mr. Nash likewise helped to secure affirmance by the Ninth Circuit of a district court denial of Toyota Motor Corporation’s motion to compel arbitration in the published decision Kramer v. Toyota Motor Corp., 705 F. 3d 1122 (9th Cir. 2013).

FOR THE PROFESSION

Jeremy frequently presents on topics related to class and complex litigation.

While in law school, Jeremy was a recipient of the prestigious Justice John Marshall Harlan Merit Scholarship.

 

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On June 22, 2017, Jeremy Nash participated as a panelist at a seminar, Summary Judgment in Class Action Litigation: Plaintiff and Defense Strategies for Filing Motions, hosted by Strafford Publications. Learn more here.

October 11, 2018
Absent Class Member Discovery Is Rarely Appropriate
Defendants in class actions sometimes seek to take discovery of "absent" class members. Those are members of a proposed or certified class who are not directly involved with the litigation. This type of discovery is generally not allowed. After all, one of the principal advantages of class actions over massive joinder or consolidation would be lost if all class members were routinely subject to discovery. Most courts thus limit discovery against unnamed class members, but do not forbid it altogether.

May 3, 2018
In first ever cryptocurrency securities class action, appointment of lead plaintiff is business as usual
The Court presiding over In re Tezos Securities Litigation, No. 17-cv-6779-RS (N.D. Cal.), the first ever class action alleging violations of U.S. federal securities laws arising from an initial coin offering ("ICO"), recently appointed an individual investor to serve as lead plaintiff.

January 11, 2018
Beyond the Hague Convention: Other Methods Of Serving Process On Foreign Defendants
Defendants located outside the United States are often named in securities and other types of class actions, which raises a sometimes confounding question: How to effect service of process?

September 14, 2017
Money In Your Pocket: Shifting The Cost Of Class Notice To Defendants
In class actions, the usual rule is that the plaintiff must initially bear the cost of sending notice to the class, which can amount to hundreds of thousands of dollars, depending on the size of the class and type of notice program. As the name suggests, there are exceptions to the usual rule and, if you represent plaintiffs in class actions, it pays to know them.

May 25, 2017
Class Counsel Should Not Overlook Relevance In Resisting Demands For Engagement Letters
Defendants in class actions typically demand copies of plaintiffs' engagement letters under the theory that they might reveal a conflict of interest that undermines plaintiffs' ability to represent the class and thus plaintiffs' ability to satisfy the "adequacy" of representation requirement of Federal Rule of Civil Procedure 23(a)(4).

January 25, 2017
New Jersey Removes Impediment to Multistate Certification of Class Actions
The presumption in New Jersey is now that its statute of limitations governs claims pursued in the jurisdiction, eliminating an impediment to pursuing certain matters here—like some multistate class actions—that implicate the laws of two or more states.

October 27, 2016
Sixth Circuit: Risk of Fraud Following Data Breach Establishes Standing
Data theft is on the rise in this country and around the world, as the sophistication of hackers and the illicit markets for stolen information grow. Unfortunately, some courts have stumbled over what should be a simple question when consumers take steps to protect themselves: if their data has been stolen but they have not actually been the victim of fraud, do they have standing to sue the company that was supposed to safeguard their data? The Sixth Circuit recently joined a number of other circuit courts in finding that, since the likelihood that fraud will follow the theft of names, birthdates, social security numbers, and credit card information is a virtual certainty, the answer to that question must be yes.

July 21, 2016
Pre-certification Motions for Summary Judgment in Class Action Litigation
Defendants in class action lawsuits often seek a summary judgment ruling before plaintiffs have moved for class certification, but it is always a gamble to do that. Defendants who go down that road and who are fortunate enough to prevail have bound only the named plaintiff. They still run the substantial risk that a member of the proposed class will pick up the spear and take the place of the original plaintiff by filing a subsequent action.

April 14, 2016
The FDCPA Does Not Govern Every Attempt to Collect a Debt
The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits debt collectors from using abusive, unfair, or deceptive practices to collect a debt, but you should know that it does not necessarily govern every attempt to collect a debt.

January 14, 2016
Court Certifies Student Classes Denied Special Education Services
A New York federal judge recently certified two classes and several subclasses consisting of more than 20,000 New York City students with disabilities in a case alleging that the New York City Department of Education and the New York State Education Department have adopted policies denying them special education services.