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

Unsuccessful litigants sometimes try to persuade appellate courts to reconsider and amend or reverse their decisions.  Rarely does that succeed.  On this day in 1972, however, the Supreme Court, acting on new information provided not by a losing party, but by intervenors who joined the case after the Court’s initial decision, amended its original judgment in favor of the intervenors.

The case was Affiliated Distillers Brands Corp. v. Sills, 60 N.J. 342 (1972).   There, in a prior opinion reported at 56 N.J. 251 (1969), the Court had ruled that a “grandfather c

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