In recent years, the Supreme Court has continued to clamp down on Article III standing. As a consequence, federal question cases that would otherwise be brought in federal court are being filed in state court. Baskin v. P.C. Richard & Son, Docket No. OCN-L-911-18, decided last month by the Ocean County Superior Court, is one such case.

At issue in Baskin was whether to certify a class action made up of consumers seeking statutory damages under federal law. Based on an Appellate Division case, Local Baking Products v. Kosher Bagel Munch, 421 N.J. Super. 268 (App. Div. 2011), the Baskin court rejected class certification. This article examines Local Baking and Baskin’s approach to class actions, raises questions about that approach, and ultimately finds it wanting.

The Facts of ‘Baskin’

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