Federal Court precludes defendant’s class certification expert *

USA - March 6 2013
In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert…

Co-authors: Michael R. Carroll.

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Cy pres permitted in class action settlements, but makes approval more difficult, Third Circuit holds *

USA - February 21 2013
In a case of first impression, the U.S. Court of Appeals for the Third Circuit approved the use of cy pres distributions in class action settlements…

Co-authors: Marcel S. Pratt, Jason A. Leckerman, Rowan L. Smith.

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No expert needed for breach of express warranty claim—burden shifts to defense *

USA - July 27 2012
In a published opinion, the Appellate Division of the New Jersey Superior Court held that a plaintiff need not present expert evidence to establish a prima facie case of breach of express warranty.

Co-authors: Michael R. Carroll.

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New Jersey federal court denies class certification in long-running Ford MDL *

USA - February 9 2012
In a ruling that highlights the increasing difficulty plaintiffs are having in pursuing class actions when their claims are subjected to the rigorous scrutiny demanded by recent Supreme Court and appellate authority, a federal judge in New Jersey has denied a renewed motion for class certification in the long-running Ford E-350 van products litigation.

Co-authors: Darryl J. May , Michael R. Carroll.

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New Jersey Supreme Court confirms but clarifies availability of contingency enhancements under New Jersey fee-shifting statutes *

USA - January 30 2012
A unanimous opinion of the New Jersey Supreme Court has confirmed that contingency enhancements remain available for attorneys’ fee awards under state fee-shifting statutes, but the Court provided important guidance to trial courts regarding the limited circumstances under which significant enhancements are permitted.

Co-authors: John B. Kearney , Michael R. Carroll.

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