The power outage resulting from last week’s storm put a crimp in much of that week. So it is time once again to catch up with our Supreme Court and Appellate Division, each of whom took highly consequential actions during that time. Some of those are summarized below. State v. G.E.P., ___ N.J. ___ (2020). This case (actually, four consolidated cases) addressed whether and to what extent the Court’s decision in State v. J.L.G., 234 N.J. 265 (2018), should apply retroactively. In J.L.G., the Court “reassessed” its prior decision in State v. J.Q., 130 N.J. 554 (1993),...

Seigelstein v. Shrewsbury Motors, Inc., ___ N.J. Super. ___ (App. Div. 2020). When class action cases settle with a benefit to the class, class counsel, who normally handle those cases on a wholly contingent basis, are entitled to a fee. That fee is paid either as a percentage of the value of the class recovery or is paid by the defendant on top of the settlement for the class, based on either a percentage or on the “lodestar,” which comprises the number of hours reasonably billed multiplied by a reasonable hourly rate. Often, the fee is agreed upon in settlement negotiations....

Bandler v. Landry’s, Inc., ___ N.J. Super. ___ (App. Div. 2020). Plaintiff, a competitive poker player, saw an advertisement for a “Grand Poker Series” tournament to be held at the Golden Nugget casino in Atlantic City. Plaintiff alleged that the ad promised $150,000 in prize money. from twelve “one day tournaments” to be held over the course of ten days. The ad did not state whether that prize money was guaranteed, but it did say, in small print at the bottom, that “Management reserves all rights to change or cancel at any time.” Plaintiff traveled...