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 DecisionsFor 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 RequirementsThe 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 ReservationsThe 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 NJThe '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 CircuitIn 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