Significant Developments in Class Action Litigation
Date: Jul 15, 2024 12:00 p.m. – 2:00 p.m.
Location: Online
Member Price: $143
Non-Member Price: $179
Areas of Law: Civil, Civil Trial Bar
Earn up to 2.4 credits! (More Information)
Keynote
Moderator
- Catherine Derenze, Esq.
- Lite DePalma Greenberg & Afanador, LLC, Newark
Presenters
- Christopher J. Dalton, Esq.
- Buchanan Ingersoll & Rooney, Newark
- Bruce D. Greenberg, Esq.
- Blogger, New Jersey Appellate Law Blog
Lite DePalma Greenberg & Afanador, LLC, Newarkis a Member of Lite DePalma Greenberg Afanador, LLC in the firm’s Newark, New Jersey, office. He handles consumer, antitrust and securities class actions, generally for plaintiffs, in state and federal courts. He has also served as an expert witness regarding class counsel’s attorneys’ fees.
Admitted to practice in New Jersey and before the United States District Court for the District of New Jersey, the Third Circuit Court of Appeals and the United States Supreme Court, Mr. Greenberg is Past Co-Chair of the New Jersey State Bar Association’s Class Actions Committee and a past Chair of the NJSBA Appellate Practice Committee. He was appointed to the New Jersey Supreme Court Committee on Character in 1991, is a founding member and Past Chair of the New Jersey Law Firm Group and is a member of the NJSBA Land Use Law Section.
Mr. Greenberg is the author of the “Supreme Court Review” chapter of every edition of ICLE’s New Jersey Appellate Practice Handbook since 1999 as well as the New Jersey appellate law blog (www.appellatelaw-nj.com), which was cited in the briefs of both parties in Carrera v. Bayer. Mr. Greenberg is the co-author of the chapter on class action litigation in New Jersey Federal Civil Procedure (New Jersey Law Journal Books) and the author of an article about objectors to class action settlements which appeared in the St. John’s Law Review. He has also lectured on appellate practice for ICLE, the New Jersey State Bar Association and county bar associations, and has moderated the Appellate Bench-Bar Conference of the New Jersey State Bar Association.
Mr. Greenberg received his B.A., cum laude, from the University of Pennsylvania and his J.D. from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar and Writing and Research Editor of the Columbia Journal of Law & Social Problems. He clerked for Justice Daniel J. O’Hern of the Supreme Court of New Jersey.
(9/23) - Jeffrey W. Herrmann, Esq.
- Cohn Lifland Pearlman Herrmann & Knopf, Saddle Brook
- Patricia A. Lee, Esq.
- Connell Foley LLP, Roseland
Presented in cooperation with the NJSBA Class Actions Special Committee
The world of class action litigation is forever changing. Civil litigators who practice in this area are aware that there have been significant developments both in the practice and the law. Plaintiff and defense attorneys need to be up to date on the changes involving ascertainable loss, class action waivers, arbitration provisions, standards of review and more.
This program will be broken into four separate panels. Each panel will address a new and hot substantive topic in class actions through detailed conversations about decided cases or issues pending review. The topics are:
Damages and Ascertainability
- Robey v. SPARC Group LLC, 256 N.J. 541 (2024) - ascertainable loss, retail pricing, and the New Jersey Consumer Fraud Act. Are consumers damaged by phony retail pricing?
- Lytle vs. Nutramax Laboratories, 99 F.4th 557 (9th Cir. 2024) – what is the appropriate damages model
Attorneys' Fees
- Behenna vs. Blue Cross Blue Shield Association – its potential impact on attorney fees in class action cases. The US Supreme Court granted cert. and will examine whether fees should have been based on a “percentage of fund” method vs a “lodestar” calculation.
- In Re Wawa, Inc., Data Sec. Litig, 85 F.4th 712 (3rd Circ. 2023)
- Gelis v. BMW of N. Am. LLC, 49 F.4th 371 (3rd Circ. 2022)
Class Action Waivers
- White v. Samsung, Henry v. Wilmington Trust, N.A., Pace v. Hamilton Cove- a fresh look at class action waivers and arbitration clauses
- Waiving statutory remedies in a class action waiver
- Does advancing litigation efforts negate the ability to arbitrate?
- Whether a class action waiver is enforceable absent an arbitration clause
- Pros and cons of arbitration - Henry v. Wilmington Trust, 72 F4th 499 (3rd Cir. 2023)
- Pace v. Hamilton Cove, __ N.J. __ (2024)
- Cedeno v. Sasson, 100 F.4th 386 (2d Cir. 2024)
Pleading Standards
- In re: Cognizant Technology Solutions Corp Derivative Litigation and the change of the standard of review in derivative actions
- In re Recalled Abbott Infant Formula Prods. Liab. Litig., 97 F. 4th 525 (7th Cir. 2024)
Federal Rule of Civil Procedure 23F
- Wolff v. Aetna Life Ins. Co., 77 F.4th 164 (3d Cir. 2023)
- Forsythe v. Teva Pharm. Indus., 102 F.4th 152 (3d Cir. 2024)
Join us for a lively and informative discussion!
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