Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981,...more
5/11/2016
/ Actual Damages ,
Attorney's Fees ,
Choice-of-Law ,
Consumer Contracts ,
Corporate Counsel ,
Damages ,
Internet Retailers ,
Motion to Dismiss ,
Putative Class Actions ,
Terms and Conditions ,
Unenforceable Contract Terms ,
Warranties
Is the availability of class-wide arbitration a “gateway” question for courts, or are arbitrators charged with such a decision once a matter is compelled to them? In Dell Webb Communities, Inc. v. Carlson, the Fourth Circuit...more
The U.S. Court of Appeals for the Third Circuit (the “Court”) has spoken again on the issue of “who decides” whether parties must arbitrate a dispute on a classwide basis. In 2014, the Court ruled that “unless the parties...more