Home Depot U.S.A., Inc. v. Jackson, ___ U.S. ___ (2019). Among other changes made by the so-called Class Action Fairness Act of 2005, 28 U.S.C. 1453(b) (“CAFA”) made it easier for class action defendants to remove to federal court putative class action cases filed in state courts. That provision states that a class action may be removed by “any defendant without the consent of all defendants.” CAFA supplemented the general removal statute, 28 U.S.C. 1441(a), which permits removal of any civil action “by the defendant or the defendants.” But what about the...

Feuer v. Merck & Co., Inc., ___ N.J. ___ (2019). As discussed here, the Appellate Division, in an opinion by Judge Ostrer that was reported at 455 N.J. Super. 69 (App. Div. 2019), affirmed (after de novo review of the legal issues involved) a ruling of the Chancery Division that had ruled against plaintiff, a Merck shareholder, in his demand to review various Merck documents. Plaintiff had invoked both N.J.S.A. 14A:5-28 and the common law. Today, in a 6-0 vote, the Supreme Court affirmed based on Judge Ostrer’s opinion. In essence, the Appellate Division concluded that...

Green v. Monmouth University, ___ N.J. ___ (2019). In a unanimous opinion by Justice Fernandez-Vina today, the Supreme Court resolved a case that had divided the Appellate Division, as discussed here. The question involved charitable immunity for an injury sustained at a concert by country singer Martina McBride that was held at Monmouth University’s Multipurpose Activity Center. The Appellate Division applied charitable immunity. Judge Fisher dissented. The Supreme Court agreed with the majority. Justice Fernandez-Vina noted that the Charitable Immunity Act itself, N.J.S.A. 2A:53A-10,...