December 11, 2020 | New Jersey Law Journal
Federal Preemption of 'Structure/Function' Claims on Dietary SupplementsFederal law offers some protections to dietary supplement manufacturers against class actions claiming label statements are false and misleading.
By Michael R. McDonald and Mary K. Bessemer
9 minute read
May 17, 2012 | New Jersey Law Journal
The Inferior Statutory Penalty Class ActionNo-injury class actions under penalty statutes face substantial hurdles in satisfying the superiority prong of Rule 23(b)(3)
By Michael R. McDonald and Damian V. Santomauro
8 minute read
April 25, 2005 | New Jersey Law Journal
Class Litigants Face Tougher ForumThe Class Action Fairness Act of 2005 makes sweeping changes to the jurisdictional provisions of Title 28 of the Untied States Code. These changes create federal subject matter jurisdiction over most multi-state class actions. In addition, CAFA seeks to curb perceived abuses involving "coupon settlements" and attorney fee awards to class counsel.
By Guy V. Amoresano and Michael R. McDonald
19 minute read
October 16, 2006 | New Jersey Law Journal
Expansive Interpretation of RISAWith the state of the law having been redefined by the Perez Court, rent-to-own companies face prospective exposure, particularly in class actions.
By Michael R. McDonald
8 minute read
March 20, 2006 | New Jersey Law Journal
Redefining 'Ascertainable Loss'Although the New Jersey Supreme Court has not specifically addressed the requirements of class certification in the context of a Consumer Fraud Act case in over 10 years, recent cases interpreting the requirements of the act will certainly impact a plaintiff's ability to certify a consumer fraud class.
By Michael R. McDonald
17 minute read
June 11, 2008 | New Jersey Law Journal
Obstacles to Certification of Medical Monitoring Class ActionsA discussion of product-related class actions requesting the remedy of medical monitoring and the impact that the holding of the Sinclair case will have on this type of action.
By Michael R. McDonald and Damian Santomauro
9 minute read