In recent years, acceptance by the Supreme Court of questions certified to it by the Third Circuit Court of Appeals under Rule 2:12A has become somewhat more frequent, though still not a regular occurrence.  Today, May 16, however, is the anniversary of the Court’s first opinion answering a certified question under Rule 2:12A.  Musikoff v. Jay Parrino’s The Mint, 172 N.J. 133 (2002).  Justice Verniero wrote the opinion for a unanimous Court.

The question

Allstate Ins. Co. v. Northfield Medical Center, P.C., ___ N.J. ___ (2017).  After a bench trial, defendants were found to have violated the Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 to -30 (“IFPA”).  The violation arose from defendants’ use of “a practice structure that was designed to circumvent regulatory requirements with respect to the control, ownership, and direction of a medical practice.”  But an IFPA violation

Ramirez v. Vintage Pharmaceuticals, LLC, ___ F.3d ___ (3d Cir. 2017).  The so-called Class Action Fairness Act of 2005 (“CAFA”) extended federal jurisdiction not only to class actions over which federal courts previously did not have power, but also to “mass actions.”  28 U.S.C. §1332(d)(11).  To qualify as a mass action, there must be at least 100 plaintiffs who seek to have their cases “tried jointly.”  But as Judge Vanaskie noted