Mellet v. Aquasid, LLC, ___ N.J. Super. ___ (App. Div. 2017).  The decision in this consumer protection case was issued in June as an unpublished opinion.  Defendant then asked the Committee on Opinions to designate it for publication, pursuant to Rule 1:36-2(c).  Plaintiffs were not made aware of that request.  The Committee authorized publication, and the ruling appeared as a published opinion this week.  Meanwhile, plaintiffs had petitioned for certification, but the Supreme Court

Collins v. Mary Kay, Inc., ___ F.3d ___ (3d Cir. 2017).  This opinion of the Third Circuit today, written by Judge Restrepo, answers what he called “a layered choice-of-law question:  what law governs the interpretation of a forum selection clause in a written agreement when that agreement also contains a choice-of-law clause?”  The court concluded that Texas law, which the choice of law clauses in both of the subject agreements made applicable, would apply, rather than t

Dugan v. TGI Friday’s, Inc., ___ N.J. ___ (2017).  In these two closely-watched consumer class action decisions, each of which involved claims regarding defendants’ alleged failure to disclose the price of drinks at their restaurants, plaintiffs and defendants each got some comfort from the 5-1 majority opinion authored by Justice Patterson.  In Dugan, where (as discussed