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.
Katrina Carroll was mentioned in an article in Law360.com titled, "Judge Won't Rethink Partial Cert. In Heart Monitor Suit." To read this article, click here.
LDG presses forward with data breach class action against P.F. Chang's. To read more, click here.
The attached Court-approved notice and claim form are being sent out today to former tenants of the Russell Building at Avalon at Edgewater, which was destroyed in a fire in January 2015, as part of a proposed class action settlement. The notice describes the case, the proposed settlement, and the options that former Russell Building tenants have regarding the settlement. Questions from former Russell Building tenants can be directed to LDG or to its co-counsel.
Eight LDG Attorneys Named to 2017 “Super Lawyers” and “Rising Stars” Lists:
Joseph J. DePalma, Bruce D. Greenberg, and Victor A. Afanador were all named to the 2017 list of “New Jersey Super Lawyers.” Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced, and Mr. DePalma has appeared every year since 2007. Mr. Afanador has been named to the “New Jersey Super Lawyers” list for two consecutive years. Susana Cruz Hodge was listed among the 2017 “New Jersey Rising Stars,” the fourth consecutive year that she has appeared there.
Steven J. Greenfogel and Mindee J. Reuben of LDG’s Philadelphia office were named to the 2017 list of “Pennsylvania Super Lawyers.” This is the thirteenth year that Mr. Greenfogel has appeared on that list, while Ms. Reuben has been included on that list every year since 2009. Kyle Shamberg and Ismael Salam of LDG’s Chicago office were listed among the 2017 “Illinois Rising Stars." Mr. Shamberg has been named to the "Illinois Rising Stars" list for two consecutive years. Mr. Salam has been nominated to the "Illinois Rising Stars" since 2015.
Lite DePalma Greenberg is pleased to announce that the settlement class consisting of purchasers of Rust-Oleum’s Restore Products in In Re: Rust-Oleum Restore Marketing Sales Practices And Products Liability Litigation, Case No. MDL No. 2602, Case No. 1:15-cv-1364 (N.D. Ill.) received final approval of the $9.3 million settlement reached in October 2016 with defendant Rust-Oleum Corp. The multidistrict litigation involved 13 lawsuits accusing Rust-Oleum of marketing its Restore Products as rejuvenating for wooden and concrete decks, when, in actuality, the products peeled-off and left decks in need of repair. The settlement provides relief relative to the injuries suffered by settlement class members. Katrina Carroll, Member of the Firm, is co-lead counsel for the settlement class. During the final approval hearing, Jude Amy St. Eve, who presided over the litigation and the settlement, told Katrina Carroll, , “You are a model I wish all lawyers would follow.” To read more about the settlement, click here.
On March 24, 2017, Mindee J. Reuben
will participate as a panelist in the ABA Section of Litigation’s “Rules Roadshow,” on the topic “Precision Advocacy: Reinventing Motion Practice to Win
” in Philadelphia.
On January 20, 2017, the Third Circuit Court of Appeals, in a precedential opinion, vacated and remanded the dismissal of plaintiffs’ data breach case. The Circuit held that plaintiffs have Article III standing to pursue claims that they suffered harm when their personal information was stolen from unencrypted laptops at Horizon’s headquarters. The Circuit stated even without evidence that the plaintiffs’ personal information was not used improperly, the alleged disclosure created a de facto
injury under the Fair Credit Reporting Act. Lite DePalma Greenberg is a co-lead counsel. In Re: Horizon Healthcare Services, Inc. Data Breach Litigation,
No. 15-2309, on appeal from USDC for the DNJ (D.N.J. NO. 2-13-cv-07418).
Lite DePalma Greenberg is pleased to announce that the Direct Purchaser Plaintiff Class in In re Egg Products Antitrust Litigation,
Case No. 08-md-2002 (E.D. Pa.), has reached a $75 million settlement with defendant Michael Foods, Inc. This settlement is in addition to over $61 million that was previously obtained for the Class, for a total of over $136 million. The case continues to proceed against three other defendants. Mindee J. Reuben
, Counsel to the Firm, is co-lead and liaison counsel for the Direct Purchaser Plaintiff Class.
Mindee J. Reuben
was appointed to the Plaintiffs’ Steering Committee for the End-Payer Plaintiffs in In re: Generic Digoxin and Doxycycline Antitrust Litigation
, pending in the Eastern District of Pennsylvania (MDL No. 2724, 16-MD-2724), before the Honorable Cynthia M. Rufe. The case involves allegations that generic drug manufacturers conspired to fix the prices charged for generic digoxin and generic doxycycline.
On November 29, 2016, Bruce D. Greenberg
moderated and Susana Cruz Hodge
participated as a panelist at the Prevailing Trends in Class Action Litigation seminar sponsored by New Jersey ICLE.
Danielle Y. Alvarez
joined State Senator and Judiciary Committee Chairman Nick Scutari and State Assemblymen Raj Mukherji and Herb Conaway, MD, as panelists at a CLE entitled “Counseling Clients on Marijuana Law: An Ethics Seminar,” which was offered by the NJ State Bar Association at its annual mid-year conference in Amsterdam on October 26, 2016.
During the CLE, Ms. Alvarez explored the conflict between the medical and recreational marijuana laws of 25 states and numerous U.S. territories and federal law and discussed the amendment to RPC 1.2(d) recently adopted by the NJ Supreme Court to expressly clarify that New Jersey attorneys may counsel clients regarding New Jersey’s medical marijuana laws and the underlying policy rationale.
Ms. Alvarez previously authored a blog post on the RPC amendment, available here
was a panelist at the New Jersey Civil Justice Institute and the Morris County Chamber of Commerce 2016 Fall Legal Reform Conference, where he presented a plaintiff’s perspective on the Truth-In-Consumer Contract, Warranty and Notice Act.
Kyle A. Shamberg
was quoted in an article in Law360 entitled “Treadmill Buyers Get Another Chance in False Ad Suit.” To read this article, discussing LDG’s successful bid to amend its claims in a class action against Precor, Inc. alleging that Precor misrepresented the accuracy of the touch sensor heart rate monitors on its treadmills, click here
On September 13, 2016, the Honorable Gene E.K. Pratter (District Court of the Eastern District of Pennsylvania) denied motions for summary judgment filed by four defendants in the matter of In re Egg Products Antitrust Litig
., Case No. 08-md-2002 (ECF 1444). In doing so, the Court noted that it was “undisputed that each of the moving Defendants consciously committed to joining and maintaining its respective status within the UEP Certified Program. The actual components of the UEP Certified Program, of which the Defendants were undisputedly aware, could be used by a reasonable jury to determine that each of the Defendants consciously committed to a program designed to reduce supply.” Mindee J. Reuben
, Esquire, of Lite DePalma Greenberg, LLC, is co-lead and liaison counsel for the direct purchaser class.
On September 13, 2016, the Honorable Gene E.K. Pratter (District Court of the Eastern District of Pennsylvania) rejected an argument by Defendants that they were immune from liability under the federal antitrust laws. See In re Egg Products Antitrust Litig.
, Case No. 08-md-2002 (ECF Nos. 1441-1442). Specifically, Defendants had claimed that Section 1 of the Capper-Volstead Act and Section 6 of the Clayton Act provided them with immunity from antitrust liability for the acts of an agricultural cooperative of which they were members. The Court concluded that Defendants were not entitled to immunity because at least one of the members was not a producer as defined in the Acts. Mindee J. Reuben
, Esquire, of Lite DePalma Greenberg, LLC, is co-lead and liaison counsel for the direct purchaser class.
On September 6, 2016, the Northern District of Illinois granted certification to a class of individuals who received unsolicited phone calls to their cellular telephones from Lifewatch, Inc., a medical alert system provider, from October 16, 2013 through the present. Salam v. Lifewatch, Inc.
, Case No. 13 CV 9305 (Dkt. No. 121). Katrina Carroll
, Esquire, of Lite DePalma Greenberg, LLC, was appointed co-lead counsel for the Class.
Bruce D. Greenberg
was appointed as a member of the Executive Committee in In re Volkswagen Timing Chain Product Liability Litigation
, No. 16-2765(JLL)(JAD)(D.N.J.). The case involves allegations that Volkswagen and Audi vehicles have defective timing chains that can cause their engines to fail suddenly and unexpectedly, resulting in thousands of dollars in damages.
On August 4, 2016, the Seventh Circuit affirmed the prior granting of class certification by Judge Leinenweber of the Northern District of Illinois in the Containerboard Antitrust price fixing litigation. The Seventh Circuit approved of the lower court’s analysis and reliance on the methodologies for proving impact and damage proffered by plaintiffs’ experts. With merits discovery having been completed, there only remains some additional expert discovery and motions for summary judgment before a trial can take place.
Lite DePalma Greenberg's P.F. Changs Data Breach case named one of Top Privacy Cases in 2016. To read this article, click here
Lite DePalma Greenberg and its Co-Counsel are pleased to announce that the parties have come to terms on a Class Action Settlement designed to fully resolve Class Members’ claims and allow all Class Members the opportunity to obtain fair compensation for all of their losses. On July 8, 2016, Plaintiffs’ Counsel filed an unopposed motion to preliminarily approve the settlement. That motion will formally come before the Court on August 1, 2016, though there likely will not be an in-person hearing. We are hopeful that the Court will grant the unopposed motion prior to that date. Copies of the settlement agreement
and the proposed claim form
, which must be approved by the Court, can be viewed here.
Seven LDG Attorneys Named to 2016 “Super Lawyers” and “Rising Stars” Lists:
Joseph J. DePalma
, Bruce D. Greenberg
, and Victor A. Afanador
were all named to the 2016 list of “New Jersey Super Lawyers.” Mr. Greenberg has been included on that list every year since 2005, when the listing was first introduced, and Mr. DePalma has appeared every year since 2007. After being named a “Rising Star” for eight consecutive years, Mr. Afanador was named to the “New Jersey Super Lawyers” list for the first time. Susana Cruz Hodge
was listed among the 2016 “New Jersey Rising Stars,” the third consecutive year that she has appeared there.
Steven J. Greenfogel
and Mindee J. Reuben
of LDG’s Philadelphia office were named to the 2016 list of “Pennsylvania Super Lawyers.” This is the twelfth year that Mr. Greenfogel has appeared on that list, while Ms. Reuben has been included on that list every year since 2009. Kyle Shamberg
of LDG’s Chicago office was listed among the 2016 “Illinois Rising Stars,” his first year of being selected.
After several months of intensive negotiations, under the supervision of the Court, Lite DePalma Greenberg and its Co-Lead Counsel are pleased to announce a proposed class action settlement on behalf of tenants of the Russell Building at Avalon at Edgewater. The terms of the settlement are being finalized and are expected to be presented to the Court for approval in the near future. Under the settlement, all Russell Building tenants will have the opportunity to obtain fair compensation for all of their losses as a result of this tragic incident.
In a major win for consumers, the Seventh Circuit Court of Appeals has ruled that victims of the June 2014 data breach at P.F. Chang’s China Bistro have standing to pursue their claims, reversing a lower court’s decision dismissing the case.
Following its prior landmark decision in Remijas v. Neiman Marcus Grp., LLC, 794 F.3d 688 (7th Cir. 2015), the appellate court found that the plaintiffs, Lucas Kosner and John Lewert, alleged injuries sufficient to support standing, with Kosner claiming fraudulent transactions had been attempted with his card and Lewert alleging that he spent time and money monitoring his credit reports and other financial statements for unauthorized charges and identity theft. Chief Judge Diane Wood, writing for the three-judge panel, explained that “[i]n the present case, several of Lewert and Kosner’s alleged injuries fit within the categories we delineated in Remijas. They describe the same kind of future injuries as the Remijas plaintiffs did: the increased risk of fraudulent charges and identity theft they face because their data has already been stolen. These alleged injuries are concrete enough to support a lawsuit.”
The court further rejected the defendant’s argument that the data breach did not affect the locations at which Lewert and Kosner dined, noting that a statement P.F. Chang’s released shortly after discovering the breach was addressed to customers at all P.F. Chang’s restaurants in the United States, not merely the 33 locations to which P.F. Chang’s later claimed the breach was limited. “When the data system for an entire corporation with locations across the country experiences a data breach and the corporation reacts as if that breach could affect all of its locations, it is certainly plausible that all of its locations were in fact affected,” Wood wrote.
and Kyle A. Shamberg
of LDG’s Chicago office represent the plaintiffs and the class.
Steven J. Greenfogel
has been selected to the Editorial Advisory Board for Law360’s Competition section. The Editorial Advisory Board consists of prominent practitioners in the area of antitrust law.
Mindee J. Reuben
was recently appointed co-lead counsel for a certified class of shell egg purchasers in In re Egg Products Antitrust Litigation
, Case No. 08-md-2002, pending in the Eastern District of Pennsylvania. The lawsuit asserts that defendants conspired to manipulate the supply of shell eggs in order to raise their prices from 2004 to 2008. Over $50 million in settlements have been approved to date.
Bruce D. Greenberg
will deliver the 27th Annual Alice and Stephen Evangelides Memorial Lecture at Rutgers University’s Eagleton Institute on February 9. His topic will be “Class Action Litigation: Who Benefits?” For details, click here
On January 7, 2015, Judge Amy J. St. Eve issued an opinion denying, in nearly every respect, a motion filed by Rust-Oleum Corporation seeking to dismiss a consumer class action claiming that its Restore Deck & Concrete and Restore 10X decking products suffer from a defect that causes them to fail, leading to extensive damage to consumers’ decks and other property. The plaintiffs, a group of 40 purchasers of the Restore products, allege that Restore contains latent defects resulting in premature degradation upon application. Plaintiffs further contend that Restore was defective both prior to and during Rust-Oleum’s marketing, selling, and warranting the product to the plaintiffs. In her nearly 100-page opinion
, Judge St. Eve found that the plaintiffs had stated viable claims for breach of express and implied warranty, and that nearly all of the plaintiffs also stated claims for violations of their respective state consumer fraud statutes, negligent misrepresentation, and fraudulent concealment. LDG is co-lead counsel in the case along with Audet & Partners LLP. You can read more about the decision here
LDG closed out 2015 with a major victory for the privacy rights of consumers after an Illinois federal judge declined to dismiss the firm’s class action accusing Shutterfly Inc. (and its subsidiary ThisLife LLC) of unlawfully using facial recognition technology to gather “biometric data” from users’ photos. The plaintiff, Brian Norberg, brought the suit against Shutterfly after a Shutterfly user uploaded a photo of him and, when the user later uploaded more photos of him, was asked if those pictures should be tagged with Norberg's name. Shutterfly was able to recognize the distinct features of Norberg’s face and suggest the tag using facial recognition technology that improperly scans his distinct identifying features and stores that information for later use, in violation of the Illinois Biometric Information Privacy Act. In the ruling, Judge Charles Norgle of the Northern District of Illinois found that because Norberg alleged that the defendants “are using his personal face pattern to analyze and identify [him] in photographs posted to websites” and “he was not presented with a written biometrics policy nor has he consented to have his biometric identifiers used by defendants,” Norberg plausibly stated a claim for relief under the BIPA. Judge Norgle also found that the Court had personal jurisdiction over both Shutterfly and ThisLife.
Lite DePalma Greenberg was appointed one of the co-lead counsel for plaintiffs in a class action captioned Gordon v. Amadeus IT Group S.A., which is pending in the United States District Court for the Southern District of New York. The case alleges that airline ticket distribution companies formed a cartel, in violation of the federal antitrust laws, that resulted in higher airline ticket prices for passengers.
The settlement conference that had been scheduled for December 14twas cancelled by the Court after AvalonBay advised the Court that it had no interest in discussing settlement of the class action claims that have been asserted. The Court has now required AvalonBay to submit a status report by January 6, 2016 and has rescheduled the settlement conference to January 20,2016.
Earlier this week, the federal court handling the Avalon at Edgewater fire class action, in which LDG is a court-appointed co-lead counsel, dismissed the plaintiffs’ claim under the New Jersey Consumer Fraud Act. Among other things, AvalonBay had advertised Avalon at Edgewater as a luxury complex with “thoughtfully designed floor plans,” when in fact the buildings were a fire trap that quickly burned to the ground when AvalonBay’s employees negligently started the fire. Despite that, the court found that the plaintiffs had not done enough to show consumer fraud, and that “not every alleged wrong can be remedied with every cause of action.” AvalonBay has not tried to dismiss the plaintiffs’ other causes of action, and those claims are proceeding. Plaintiffs’ motion for class certification has already been filed, and briefing on that motion is to conclude in January 2016. Meanwhile, the court has scheduled a settlement conference for December 14, 2015, in an effort to achieve a prompt and fair resolution for all Avalon at Edgewater tenants.
On November 5, 2015, Judge Katherine Polk Failla appointed LDG as co-lead counsel in Gordon v. Amadeus, a class action filed in the Southern District of New York. The appointment is reflected in an order handed down by the Court on December 7, 2015. The case alleges that the three ticket distribution companies named as defendants in the matter formed a cartel to negotiate advantageous contracts with the airlines, which has caused ticket prices for consumers to be inflated for several years. To read more about the case and the Court's recent ruling, click here
The federal court that is hearing the class action resulting from the January 2015 fire at the Avalon at Edgewater apartment complex has set a schedule for the plaintiffs’ already-filed motion for class certification
. All briefing will be finished by January 22, 2016. It is expected that the court will decide whether to certify the case as a class action shortly after that.
LDG scored a win for the City of Hoboken in the Appellate Division on September 1, 2015. Shipyard Associates, L.P. filed three OPRA requests with the City in connection with legislation Hoboken passed in 2013. Hoboken denied all three requests as being overbroad. Shipyard brought a lawsuit against Hoboken which the trial court dismissed in 2014. Yesterday, the Appellate Division largely affirmed the trial court’s decision, finding all three OPRA requests to be impermissibly overbroad, and finding that the lower court was correct in dismissing the OPRA portion of the complaint.
Bruce D. Greenberg was quoted in an article in Law360 titled, "NJ Cases To Watch In The 2nd Half of 2015." To read this article, click here.
Along with co-counsel, LDG has filed a motion for class certification with the federal court that is handling the Avalon at Edgewater fire matter. The motion seeks certification of two classes: one class includes all tenants and occupants of the Russell Building, which was completely destroyed by the fire, and the other class includes all tenants and occupants of the River Mews building, who suffered other damages as a result of the fire. To read the brief in support of the motion for class certification, click here.
Bruce D. Greenberg was quoted in an article in Law360 titled “The Biggest NJ Court Decisions of 2015: Midyear Report.” To read this article, click here.
Bruce D. Greenberg was mentioned in an article in Law360 as a member of the successful trial team in Ferguson v. JONAH. For a more complete description of the trial result, click here.
Kyle Shamberg was quoted in an article from KOMO TV News titled, “Free Samples Not Necessarily Free.” To read this article, click here.
Katrina Carroll was mentioned in an article on Law360, "Shutterfly Hit With Privacy Suit Over Facial Recognition". To read this article, click here.
Lite DePalma Greenberg is excited to announce its move to 570 Broad Street in Newark.
Lite DePalma Greenberg welcomes Steven S. Glickman to its Newark, NJ office as Counsel.
Bruce D. Greenberg was quoted in an article on Law360.com about the Appellate Division’s recent decision in Daniels v. Hollister, which rejected the Third Circuit’s view that, in order to certify a class of consumers, each class member must be individually ascertainable at the time of class certification.
Bruce D. Greenberg spoke on “Latest Developments in Class Action Litigation,” New Jersey State Bar Association, May 14, 2015.
Heart Mountain Wyoming Foundation released a press release regarding LDG's success in withdrawing Japanese American Incarceration Artifacts from public auction. To view this press release, click here.
Joseph J. DePalma and Bruce D. Greenberg were included in the list of 2015 "New Jersey Super Lawyers.” Mr. Greenberg has been included in the “New Jersey Super Lawyers” list every year since 2005, when the listing was first introduced, and Mr. DePalma has appeared every year since 2007. Susana Cruz Hodge and Jeffrey A. Shooman were listed among the 2015 “New Jersey Rising Stars."
LDG was recently retained by Jersey City to continue prosecuting this federal lawsuit against the Port Authority of New York and New Jersey (the "Port") . The case is centered around the Port's failure to pay taxes or enter into PILOT ("payments in lieu of taxes") Agreements for properties owned and controlled by the Port within Jersey City. The amount of lost tax payments have hampered the City's tax revue for years. The firm is zealously eager to champion the rights of Jersey City's residents in this matter. Click here to view LDG in the media.
The New Jersey Volunteer Lawyers for the Arts, of which Allyn Z. Lite is a member of the Board of Directors, honored the New Jersey Performing Arts Center at a Gala event held at the NJPAC on February 10, 2015.
Katrina Carroll was quoted in an article on ABC News 10, "Class action lawsuit filed in San Diego against Anthem". Click here to view this article.
Lite DePalma Greenberg thwarted a defendant’s appeal in the case of a sheet metal worker who developed terminal cancer from toxic exposures during the original construction of the World Trade Center. After the trial court denied defendant Andal Corp.’s motion for summary judgment challenging the plaintiff’s exposure testimony as well as its own liability under a corporate successorship theory, Andal appealed. After hearing briefing and argument from Kyle A. Shamberg, the New York Appellate Division affirmed the lower court’s ruling in all respects. Proctor v. Alcoa, Inc. et al., No. 190040/13 (N.Y. App. Div. February 5, 2015).
In Ferguson v. JONAH, a Superior Court case that challenges representations and practices of providers of "gay conversion therapy" under the New Jersey Consumer Fraud Act ("CFA"), LDG was part of a team that won partial summary judgment for the plaintiff consumers. The court ruled that it is a misrepresentation in violation of the CFA to represent, in selling conversion therapy services, that (a) homosexuality is a mental disease or disorder, and (b) the defendants' program had a particular "success" rate when in fact no complete or accurate statistics regarding client outcomes are maintained. The case is expected to come to trial later this year.
The Global Competition Review has nominated O'Bannon v. NCAA as a candidate for Matter of the Year in the category of most significant worldwide competition matter of 2014.
Lite DePalma Greenberg, LLC was mentioned in an article on NJ.com, "N.J. judge bars proponents of gay-to-straight conversion therapy from testifying in fraud trial" (February 7, 2015). Click here to view this article.