In a recent per curiam decision by the New Jersey Supreme Court in Feuer v. Merck & Co., the Court sheds light on the scope of a shareholder’s right to inspect a corporation’s records under both New Jersey statutory law and common law. The Court...
As reported in Law360, a proposed class of diabetes patients who say three major insulin manufacturers caused them to overpay for the medication can’t pursue Racketeer Influenced and Corrupt Organizations Act claims against the drugmakers, a New Jersey federal judge said Friday, because the consumers didn’t...
The following article originally appeared on Law360. Clarifying State Consumer Fraud Act At NJ High Court Partner Hector D. Ruiz authored an article on the New Jersey Supreme Court’s treatment of CFA claims in the context of business-to-business transactions involving custom-made goods. This article examines the New Jersey...
By: Hector D. Ruiz In a pair of recent decisions issued a week apart, the United States Supreme Court refined jurisprudence surrounding the Federal Arbitration Act (FAA or Act), 9 U.S.C. §§ 1-16, and addressed the gateway question of a court’s primary power to determine whether...
By: Hector D. Ruiz On January 10, 2019, the New Jersey Supreme Court made clear that consumers will not be compelled to arbitrate claims of consumer fraud and other wrongs where the contract provision is misleadingly labeled and otherwise fails to convey clearly that arbitration would...
In a precedential opinion filed on September 26, 2018, the Court of Appeals for the Third Circuit examined when a plaintiff’s allegations of a RICO injury are extraterritorial – and thus barred – or based in the United States and thus proper under the statute. ...
By: Richard J. Badolato Affirming the State’s persistent effort to become one of the most pro-policyholder jurisdictions, New Jersey’s State Senate on June 7, 2018 passed a bill dubbed the “New Jersey Insurance Fair Conduct Act,” following a near decade-long battle to introduce such an enactment....
By: Marc D. Haefner In a recent opinion, the New Jersey Supreme Court held that trial courts may not “deprive litigants of their right to a jury trial as a sanction for failure to comply with procedural rules.” Williams v. American Auto Logistics, (A-10-15) (N.J. 2016). In...
By: Peter J. Pizzi The New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), N.J.S.A. 56:12-14, et seq. went into effect in 1981. After over thirty years on the books, however, the TCCWNA has recently given rise to a wave of consumer class actions. The TCCWNA...
The Defend Trade Secrets Act of 2016, signed into law on May 11, 2016, creates federal court jurisdiction and additional remedies for the misappropriation of trade secrets, an area of law that had long been the domain of state courts except in diversity of citizenship...