A selection of the need-to-know civil justice news for the week of June 21-27.
N.J. Civil Justice Institute Renovates Vacant Trenton Building for Office Space
Jenna Pizzi | Times of Trenton
The New Jersey Civil Justice Institute has transformed a vacant building on West State Street into a newly renovated office space just steps from the Statehouse.
Third Circuit Case Could Limit Consumer Class Actions
Alida Kass | New Jersey Law Journal
Although the class-action device has been prevalent in the federal courts for decades, there has been a recent surge in case law developing around the requirements for class certification. One of the elements receiving new attention is the requirement of “ascertainability”—essentially, the feasibility and reliability of identifying the potential class members.
The Third Circuit’s recent decision not to reconsider en bancits ruling in Carrera v. Bayer, 727 F.3d 300 (3d Cir. Aug. 21, 2013), has further clarified and significantly strengthened the standard of “ascertainability” necessary for a class action to be certified. The decision has the potential to curtail consumer class-action litigation of dubious value, at least in the Third Circuit, and also underscores the importance of expanded access to interlocutory appeal of class certification decisions.
NJ Woman Sues Employer Over Her Anxious Commute to Work
Robin Wilson-Glover | The Star-Ledger
A NJ woman with serious commuter anxiety is suing her former employer after her bosses wouldn’t change her work schedule so she could avoid rush hour.
Man Alleging Sluggerrr Hurt His Eye with a Hot Dog Gets Another Chance with Royals Lawsuit
Tony Rizzo | Kansas City Star
A man allegedly injured by a hot dog tossed at a 2009 Royals game will get another chance to pursue his lawsuit against the team, the Missouri Supreme Court ruled Tuesday.
Two Men Say They Threw Away a $1M Lottery Ticket, Sue NJ to Collect
Michael Linhorst | The Record
A million-dollar lottery ticket sold in Mahwah is buried somewhere in a Canadian landfill, say two men who claim they bought it, threw it away and are now suing the Lottery Commission to try to get the money.
Law Student Sues Over Bad Grade That Destroyed His Legal Career
Staci Zaretsky | Above the Law
When most law students receive crappy grades, they drown their own self-pity in alcohol, shrug it off, and tell themselves they’ll do better next time. Some law students, though, as ludicrous as it may be, feel that their only recourse after receiving a bad grade is to sue. This is without fail the very worst option a law student could take, but it’s entertaining if only because these whiny lawsuits are filed pro se.
Literal-Minded Lawyers Accuse Chobani Yogurt of Not Being Greek
Jacob Gershman | Wall Street Journal
Until recently, Chobani Inc. wouldn’t have attracted the attention of class-action lawyers.
With $1.5 billion in sales expected this year, the Greek-style yogurt company has shaken up the industry and also brought plaintiffs’ attorneys out of the woodwork.
A small New York law firm in Manhattan has filed a lawsuit against New Berlin, N.Y.-based Chobani, claiming that the company tricks consumers into thinking their product is actually Greek and uses terms on its label that exaggerate its nutritiousness.
Cuckolded Husband Barred from Suing Man Who Stole Away His Wife
Jacob Gershman | Wall Street Journal
Can you sue someone for sleeping with your spouse and ruining your marriage?
That very question was considered by West Virginia’s highest court in an unusual case decided this week.
NYC Woman Spooked by ‘Dexter’ Ad Sues MTA, Showtime for Subway Fall
Jessica Chasmar | The Washington Times
A New York City woman is suing public transportation after she says she was startled by an advertisement for the Showtime murder series “Dexter,” causing her to take a tumble down the stairs at Grand Central Terminal.
Man Sues British Airways After Booking Mistake Sends Him to Grenada Instead of Granada
An American dentist is suing British Airways for putting him on the wrong flight when he tried to book a flight to Granada, Spain, but instead wound up in Grenada, the Caribbean island.
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