Baskin v. P.C. Richard & Son, LLC, ___ N.J. ___ (2021). [Disclosure: I am one of the counsel for the successful plaintiffs in this matter]. In this case, the Appellate Division affirmed the dismissal, for failure to state a claim, of a putative class action under the Fair and Accurate Credit Transactions Act of 2003, 15 U.S.C. 1681 (“FACTA”). That opinion, reported at 462 N.J. Super. 594 (App. Div. 2020), was discussed here. Plaintiffs’ claim was that defendants had violated FACTA by printing on sales receipts the credit or debit card expiration dates of plaintiffs and...

In re Suboxone Antitrust Litig., 967 F.3d 264 (3d Cir. 2020). In this antitrust class action case, direct purchasers of Suboxone, a prescription pharmaceutical used to treat addiction to opioids, sued its manufacturer (“Reckitt”) for what Judge Shwartz summarized as “anticompetitive conduct that impeded the entry of generic versions of the drug into the market,” in violation of section 2 of the Sherman Act, 15 U.S.C. 2. The District Court certified a class. Reckitt appealed, but the Third Circuit affirmed, applying the abuse of discretion standard of review. Reckitt...

Sun Chemical Corp. v. Fike Corp., 243 N.J. 319 (2020). This opinion by Justice Solomon today resolved another question (originally, multiple questions, but reformulated into a single question by the Supreme Court) certified by the Third Circuit. That question is whether “a Consumer Fraud Act [(“CFA”)]claim [can] be based, in part or exclusively, on a claim that also might be actionable under the Products Liability Act [(“PLA”)].” By a 5-0 vote (Justices Patterson and Timpone did not participate), the Court answered “yes.” Justice Solomon...