David E Sellinger

David E Sellinger

May 28, 2024 | New Jersey Law Journal

'Robey' Decision Slams the Door on No-Injury CFA Class Actions

"'Robey' represents the latest logical step in a trend of more strictly interpreting the ascertainable loss requirement," write David E. Sellinger and Todd L. Schleifstein of Greenberg Traurig.

By David E. Sellinger and Todd L. Schleifstein

7 minute read

July 13, 2023 | New Jersey Law Journal

Seller Beware: Why 'Robey v. Sparc' Represents a Liability Threat to Retailers

'Robey' represents a significant departure from a trend of ever-stricter interpretation of the ascertainable loss requirement that developed in the 2000s and that has largely remained unchallenged since.

By David E. Sellinger and Todd L. Schleifstein

8 minute read

June 23, 2022 | New Jersey Law Journal

Third Circuit Reaffirms Its Liberal Standard for Interlocutory Appeals From Class Certification Decisions

For both sides, a liberal standard for interlocutory appeal increases the opportunity for appellate review of a class certification decision at the most appropriate and efficient time.

By David E. Sellinger and Clarissa A. Gomez

8 minute read

December 08, 2021 | New Jersey Law Journal

Third Circuit's Guidance on 'Issue Class' Takes a Holistic View on Rule 23 Requirements

The court's recent decision in 'Russell v. Educ. Comm'n for Foreign Med. Graduates' confirms that even an 'issue class' cannot be certified without assuring that all the requirements of Rule 23 have been met.

By David E. Sellinger and Ariel Brown

8 minute read

October 10, 2019 | New Jersey Law Journal

'Cookie Placement': 3rd Circuit Leaves Cy Pres-Only Settlement on the Menu, but With Reservations

The U.S. Supreme Court decision that was expected to resolve the appropriateness of cy pres-only class action settlements, 'Frank v. Gaos,' did not turn out the way most observers (including the Third Circuit) anticipated.

By David E. Sellinger and Theodore J. McEvoy

9 minute read

October 30, 2017 | New Jersey Law Journal

Waiting for the Full Impact of 'Bristol-Myers' in NJ

The 'Bristol-Myers' case, which specifically addresses claims brought by out-of-state plaintiffs, opens the door to challenges to many nationwide class actions filed against non-resident defendants and potentially could have enormous consequences.

By David E. Sellinger and Aaron Van Nostrand

9 minute read

September 05, 2016 | New Jersey Law Journal

Strict Ascertainability Standard Continues to Apply in Third Circuit

In a consumer class action in the District of New Jersey, the plaintiff must demonstrate that there is a reliable method of verifying class membership.

By David E. Sellinger and Aaron Van Nostrand

17 minute read