NJ Decision Makes State Court Cozier For Class Actions
By Martin Bricketto (May 18, 2015, 9:43 PM EDT) -- A recent New Jersey appellate decision snubbing controversial class identification requirements when certifying low-value consumer class actions will further drive plaintiffs to keep such suits in state court and poses due process problems for defendant companies, some attorneys say.
The state Appellate Division in a precedential opinion on May 13 backed certification in a consumer class action against clothing retailer Hollister Co. over expired gift cards, rejecting the company's arguments that the court should follow the lead of the Third Circuit and weave the ascertainability doctrine — which concerns whether class members can be readily identified using objective criteria — into...
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