Significant Developments in Class Action Litigation
Category: Materials
Member Price: $16
Non-Member Price: $20
Areas of Law: Civil
Featured Speaker
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!