Elliot D Ostrove

January 31, 2023 | New Jersey Law Journal

As 2022 ended, it took much of the uncertainty surrounding how a New Jersey court should address a forum selection clause when faced with a claim that the contract, as a whole, was obtained through fraud.

By Elliot D. Ostrove and Jordan B. Cohen

8 minute read

September 15, 2022 | New Jersey Law Journal

By a decision issued on Aug. 17, 2022, in 'Schwartz v. Menas,' the Supreme Court of New Jersey joined the majority of other jurisdictions in finding that a per se ban on lost profits damages by a new business is unwarranted.

By Elliot D. Ostrove and Lucia Wa Yang

7 minute read

October 08, 2021 | New Jersey Law Journal

Appellate Division emphasizes the importance of providing online consumers with reasonable notice of all terms and conditions of a transaction. A prevalent issue is whether the online consumer has actually agreed to the terms.

By Elliot D. Ostrove and Motolani Oyedele

7 minute read

February 06, 2014 | New York Law Journal

Elliot D. Ostrove, a partner with Day Pitney, and Clara Y. Son, an associate at the firm, write: Class actions are the preferred means of bringing an action under the Telephone Consumer Protection Act by plaintiffs' counsel given the potential for a significant money judgment. However, the language: "may, if otherwise permitted by the laws…of a State" has resulted in differing opinions as to the reach and impact of state laws on TCPA claims.

By Elliot D. Ostrove and Clara Y. Son

7 minute read

November 21, 2013 | New Jersey Law Journal

N.J. Supreme Court answers questions that arise when there is a technical violation of the Consumer Fraud Act (e.g., regarding attorney fees and "ascertainable loss").

By Elliot D. Ostrove and Brian R. Morrison.

7 minute read

November 19, 2012 | New Jersey Law Journal

Recent decisions demonstrate that in deciding motions for class certification after Wal-Mart v. Dukes, federal courts in New Jersey require plaintiffs to demonstrate that questions common to the class will produce common answers that can resolve issues central to the validity of each claim in the class action.

By Elliot D. Ostrove and Kathleen A. Trawinski

9 minute read

July 06, 2011 | National Law Journal

Day Pitney's Elliot Ostrove and Jonathan Gates examine AT&T Mobility LLC v. Concepcion, a decision that may give companies a chance to sidestep class actions.

By Elliot D. Ostrove and Jonathan E. Gates

9 minute read

March 07, 2012 | New Jersey Law Journal

What it means that N.J. has adopted the Uniform Trade Secrets Act.

By Elliot D. Ostrove and Maureen C. Pavely

8 minute read

December 26, 2012 | New Jersey Law Journal

The question remains open as to whether a class action under the Telephone Consumer Protection Act is viable in federal court when state law may say otherwise.

By Elliot D. Ostrove and Clara Y. Son

9 minute read

July 18, 2013 | New Jersey Law Journal

The U.S. Supreme Court stays true to its antipathy toward class-action arbitration. A recent decision may signify the end of the road for parties seeking judicial relief in this area.

By Elliot D. Ostrove and Jonathan E. Gates

9 minute read