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Founded in 1899, the NJSBA is the largest organization of attorneys, judges and legal professionals in New Jersey. At the core of our mission is improving the lives of our members, advancing the rule of law and serving as the voice of the profession. With 85 sections and committees, the NJSBA allows attorneys to benefit from being part of the most wide-reaching legal association in the state, while still cultivating expertise and building networks within specialized practice areas.

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New Brunswick, NJ 08901

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Significant Developments in Class Action Litigation

Category: Materials

Member Price: $16

Non-Member Price: $20

Product Code: MI152224

Areas of Law: Civil

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CLE Credits

Seminar Handbook/Materials

This product is the original program handbook/materials that were provided to attendees of the program below.

Many of our handbooks are also available as CLE On-Demand videos. For more information on CLE On-Demand videos, please click here.

Faculty & Description Of The Seminar This Handbook Is From:
Faculty

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, Newark
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!