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Jul 30, 2020 by Bruce D. Greenberg


Challenges to Class Representative’s Adequacy and to Predominance of Common Issues Fail to Overturn Class Certification in Antitrust Class Case

In re Suboxone Antitrust Litig., ___ F.3d ___ (3d Cir. 2020). In this antitrust class action case, direct purchasers of Suboxone, a prescription pharmaceutical used to treat addiction to opioids, sued its manufacturer (“Reckitt”) for what Judge Shwartz summarized as “anticompetitive conduct that impeded the entry of generic versions of the drug into the market,”…

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Jul 29, 2020 by Bruce D. Greenberg


Consumer Fraud Act and Product Liability Act Claims Can Co-Exist

Sun Chemical Corp. v. Fike Corp., ___ N.J. ___ (2020). This opinion by Justice Solomon today resolved another question (originally, multiple questions, but reformulated into a single question by the Supreme Court) certified by the Third Circuit. That question is whether “a Consumer Fraud Act…

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Jul 29, 2020 by Bruce D. Greenberg


A Lesson About Class Counsel’s Attorneys’ Fees From Judge Gooden Brown

Seigelstein v. Shrewsbury Motors, Inc., ___ N.J. Super. ___ (App. Div. 2020). When class action cases settle with a benefit to the class, class counsel, who normally handle those cases on a wholly contingent basis, are entitled to a fee. That fee is paid either as a percentage of the value of the class recovery…

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Jul 28, 2020 by Bruce D. Greenberg


Senate Judiciary Committee Hearing on Pierre-Louis Supreme Court Nomination Set for August 24

In a joint announcement, Senate President Steve Sweeney, D-Gloucester, and Judiciary Committee Chair Nicholas Scutari, D-Union, revealed that the Judiciary Committee will take up Governor Murphy’s nomination of Fabiana Pierre-Louis as an Associate Justice of the Supreme Court of New Jersey on August 24. If confirmed, she would take the seat currently occupied by Justice…

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Jul 27, 2020 by Bruce D. Greenberg


Municipal Special Assessment Invalid Where Expert Report on Which it Was Premised Lacked a Rational Basis

Crispino v. Sparta Tp., ___ N.J. ___ (2020). By statute, the Legislature has delegated to municipalities the power to impose special assessments on property owners to fund improvements that benefit those properties. But such assessments, and the methodology to impose and apportion them, must be “in proportion to and not in excess of the benefits…

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Jul 23, 2020 by Bruce D. Greenberg


Casino Control Act Does Not Preempt Consumer Fraud Claims for Alleged False Advertising of Poker Tournament

Bandler v. Landry’s, Inc., ___ N.J. Super. ___ (App. Div. 2020). Plaintiff, a competitive poker player, saw an advertisement for a “Grand Poker Series” tournament to be held at the Golden Nugget casino in Atlantic City. Plaintiff alleged that the ad promised $150,000 in prize money. from twelve “one day tournaments” to be held over…

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Jul 22, 2020 by Bruce D. Greenberg


Board of Education Lacked MLUL Standing Where Its Challenge to Development Approvals Was Based Only on Potential Increased Crowding of Schools

Edison Bd. of Educ. v. Edison Tp. Bd. of Adj., ___ N.J. ___ (2020). This opinion by Judge Messano today affirmed a Law Division ruing that the Edison Board of Education (BOE”), which had filed an action in lieu of prerogative writ to challenge development approvals granted by the defendant Board of Adjustment, lacked standing…

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Jul 22, 2020 by Bruce D. Greenberg


Entire Controversy Doctrine Does Not Bar Second Case Brought by Party Who, as a Defendant, Defeated a Prior Case for Failure to State a Claim

Bank Leumi U.S. v. Kloss, ___ N.J. ___ (2020). As discussed here, this was a case involving a certified question from the Third Circuit Court of Appeals, and for the second time in the last month, Justice Fernandez-Vina wrote the Court’s opinion. The certified question was “When a party filed, in lieu of an answer,…

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Jul 20, 2020 by Bruce D. Greenberg


Straight to the Supreme Court for the New Jersey Republican State Committee’s Constitutional Challenge to the New Jersey COVID-19 Emergency Bond Act

On July 16, the New Jersey Republican State Committee and other plaintiffs filed suit against Governor Murphy in the Law Division, Mercer County. The lawsuit asserts that the New Jersey COVID-19 Emergency Bond Act, which was adopted by both Houses of the Legislature and (after this suit was filed seeking to enjoin Governor Murphy from…

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Jul 16, 2020 by Bruce D. Greenberg


Two More for the Supreme Court

The Supreme Court announced today that it has granted review in two new cases. In one case, the Court granted certification. In the other, there was a dissent in the Appellate Division, but the Supreme Court also granted certification. Each case results from an unpublished opinion of a three-judge Appellate division panel. The Bank of…

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