Adam v. Barone, ___ F.4th ___ (3d Cir. 2022). [Disclosure: I am one of the counsel for the successful plaintiff in this case]. Here is how Judge Smith began his opinion for the Third Circuit today in this putative consumer class action case: “Cindy Adam was charged nearly $100 for what she believed were free samples of beauty products. After complaining about the charge, she was offered the chance to return the items so that she might obtain a refund. Adam refused and eventually filed this lawsuit. The United States District Court for the District of New Jersey dismissed her complaint,...

The last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Natali, which applied de novo review, affirmed a Law Division ruling that dismissed plaintiffs’ attempt to enjoin and invalidate the Medical Aid in Dying for the Terminally Ill Act, N.J.S.A. 26:16-1 to -20 (“the Act”). The Appellate Division agreed with the Law Division that, despite New Jersey’s relatively liberal standing rules, none of the plaintiffs had...

In re Establishment of Congressional Districts by the New Jersey Redistricting Commission, 249 N.J. 561 (2022). As summarized here, in a lawsuit brought directly to the Supreme Court under its original jurisdiction, Republicans challenged the decision of the New Jersey Redistricting Commission to select the Democrats’ proposed Congressional district map over the map proposed by Republicans. In a 24-page Order signed by Chief Justice Rabner, the Court voted 5-0 to dismiss the Complaint and uphold the Commission’s decision. Joining the Chief Justice were Justices Albin, Patterson,...