Searching Content by Paul Halasz ordered by Published Date Descending.
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New Jersey Supreme Court Moves Closer To Daubert Standard For Admissibility Of Expert Testimony
The holding will provide opportunities to limit the number of cases that will be presented to a jury based on novel or not widely accepted theories of causation.
United States
6 Aug 2018
SCOTUS Limits American Pipe Tolling To Individual Actions, Resolving Circuit Court Split On Untimely Subsequent Class Actions
When a class action lawsuit is filed in federal court, the statute of limitations applicable to the claims of absent class members is tolled—in essence, the clock is stopped on the running of the limitations period.
United States
13 Jun 2018
Supreme Court Upholds Class Waiver Provisions In Employee Arbitration Agreements
Arbitration generally provides a more speedy and less costly means of resolving disputes. However, those benefits can be lost when a party is confronted with an arbitration involving a class or collective proceeding.
United States
23 May 2018
NJ Supreme Court Answers Questions, Limits TCCWNA Claim To Require Actual Harm
When faced with a novel issue of New Jersey law, the U.S. Court of Appeals for the Third Circuit has the ability to refer the question to the New Jersey Supreme Court.
United States
26 Apr 2018
New Jersey's Truth In Consumer Contract Law Given Additional Clarity In New Ruling
In rejecting certification of two classes due to lack of predominance, the New Jersey Supreme Court held in Dugan v. TGI Fridays, Inc. that the Truth in Consumer Contract, Warranty and Notice Act....
United States
9 Oct 2017
NJ Supreme Court Clarifies When Causes Of Action For Construction Defects Accrue
The New Jersey Supreme Court recently held that the statute of limitations for construction defects begins to run when any owner in the chain of title knew or should have known of the defects.
United States
22 Sep 2017
Supreme Court Clarifies Standing Requirement For Statutory Violations
Ruling Could Limit Federal Court Access for Class Actions Alleging Only Procedural Violations
United States
24 May 2016
Supreme Court Short-Circuits Defense Strategy To Pick Off Class Rep
On January 20, the U.S. Supreme Court held in Campbell-Ewald Co. v. Gomez that an unaccepted Rule 68 offer of judgment does not render a plaintiff's action moot, no matter how good the terms of the offer.
United States
27 Jan 2016
When Land Use And Antitrust Collide: The Curious Case Of Wegmans v. Shop Rite
On November 12, the U.S. Court of Appeals for the Third Circuit issued a decision reversing the U.S. District Court for the District of New Jersey, and holding that Village Supermarkets, Inc., which attempted to thwart the plans of Hanover 3201 Realty LLC to develop its property with a competitor supermarket, may be subject to an antitrust claim brought by Hanover Realty.
United States
23 Nov 2015
New Hampshire Supreme Court Holds Settlement Unenforceable Under Anti-Waiver Provisions Of State Motor Vehicle Franchise Law
State motor vehicle franchise laws often proscribe agreements that purport to waive the statutory protections afforded to dealers. Thus, when a new franchise relationship is formed, a manufacturer cannot pressure the new dealer into forgoing legislative safeguards against termination or encroachment, among other things.
United States
29 May 2013
Federal Statute Precluding Enforcement of Arbitration Clauses in Motor Vehicle Franchise Contracts Inapplicable to Snowmobile, ATV Dealer Agreements
Mandatory arbitration clauses are common in franchise agreements, including motor vehicle franchise agreements.
United States
19 May 2013
Post AT&T Mobility, New Jersey Appellate Court Rejects Class Waiver Provision Based On Contract Formation Principles
In recent years, New Jersey courts, like many others, developed a body of law that denied enforcement of class action waivers in arbitration provisions as being unconscionable and against principles of public policy in certain circumstances.
United States
16 Aug 2011
New Jersey Adopts Sweeping Amendments To Its Motor Vehicle Franchise Law
On May 4, 2011, the governor of New Jersey signed into law significant amendments to the state's Franchise Practices Act, N.J.S.A. 56:10-1, et. seq. (the "act"), which impact the relationship between motor vehicle manufacturers and their franchised dealers.
United States
7 Jun 2011
New Jersey Construction Lien Law Revised
On January 5, 2011, nearly two years after the New Jersey Law Revision Commission released its final report in which it called for significant revisions to the Construction Lien Law (Title 2A:44A-1 et seq.)
United States
16 Feb 2011
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