Spade v. Select Comfort Corp., ___ N.J. ___ (2018).  [Disclosure:  My partner Susana Cruz Hodge and I submitted an amicus curiae brief in support of the plaintiffs in this case, on behalf of the Consumers League of New Jersey].  This closely-watched case (actually, two consolidated cases) wa

Gonzalez v. Owens Corning, ___ F.3d ___ (3d Cir. 2018).  This putative class action case, brought by consumers in four states, asserted that “Oakridge” roof shingles sold by defendants (“Owens Corning”) were defective, and that defendants misrepresented the shingles’ useful life.  The District Court denied plaintiffs’ motion for class certification.  Plaintiffs sought interlocutory review of that ruling under Federal Rule of Civil Procedure 23(f),

City Select Auto Sales, Inc. v. David Randall Associates, Inc., ___ F.3d ___ (3d Cir. 2018).  This Telephone Consumer Protection Act (“TCPA”) case, involving unwanted faxes, was tried to a jury as to the individual defendant, the former president and co-owner of the corporate defendant.  The jury returned a defense verdict.  Plaintiff appealed, complaining of the jury instructions regarding personal liability under the TCPA.  Applying