A selection of the need-to-know civil justice news for the week of May 9-15.


Hollister Gift Card Class Survives Ascertainability Challenge

Jeannie O’Sullivan | Law360

A New Jersey appeals court on Wednesday said ascertainability wasn’t necessary to certify a class of consumers who allege Hollister Co. wrongly dishonored gift cards, suggesting that the retailer erred in saying ascertainability was mandated under federal law and rejecting its bid to undo class certification.

Full story.


Judge Denies Group’s Whistle-Blower Standing in Suit Against U.S. Bank

Peter Eavis | New York Times

A federal judge this week dismissed an innovative lawsuit that had threatened to open a new front in the legal assault on the foreclosure practices of large banks. In the case, a legal aid group had taken the inventive step of assuming the role of a whistle-blower revealing abuses in the handling of a popular type of government-backed mortgage. But Judge Jack Zouhary of Federal District Court for the Northern District of Ohio ruled on Tuesday that the group, Advocates for Basic Legal Equality, did not act as a whistle-blower in the way envisioned by the False Claims Act, the legislation that was the basis for the group’s action.

Full story. 


Accutane Ruling Blocking Expert Testimony Kills 2K Suits

Sindhu Sundar | Law360

Hoffmann-La Roche Ltd. and plaintiffs in consolidated New Jersey litigation over claims the company’s acne treatment Accutane caused bowel disease agreed Friday that roughly 2,000 cases in the litigation were foiled by a February ruling rejecting testimony by the plaintiffs’ experts.

Full story.


Park Slope Dog Sues Con Ed Over Manhole Explosion

Lia Eustachewich and Laura Italiano | New York Post

What has four legs, a lawyer and is suing Con Edison? This black Lab, that’s what! Abby, a pooch from Park Slope, is seeking unspecified cash damages after suffering singed fur and severe psychological damage when a cast-iron manhole exploded near Prospect Park on Feb. 2.

Full story.


Pennsylvania Nursing Student Sues Misericordia University After Failing Course Twice 

Nicole Hensley | NY Daily News

A former nursing student claims Misericordia University officials in Dallas, Pa. violated federal disability laws after she failed a course – twice.

Full story.


NJ Senate Moves Ahead On Judicial Nominees

Michael Booth | New Jersey Law Journal

The New Jersey Senate Judiciary Committee on May 14 recommended four lawyers for initial seven-year terms on the Superior Court bench and approved seven sitting trial judges for tenure.

Full story.


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