Case Highlights Need for Interlocutory Appeal of Class Certification Decisions
We have been arguing for years that defendants need a mechanism for challenging class actions before the monetary pressure of the discovery phase forces them to settle cases of little or no merit, but our pleas have fallen on deaf ears. However, not all hope is lost. As Law360 reports, “A New Jersey appeals court Friday refused to revive class claims against automotive insurers… finding nothing wrong with a judge's decision to strike the class allegations before discovery.” The case is a good example of why New Jersey’s current law governing the right to appeal class certification decisions is flawed.